Sadly, many pass away without leaving a well. This then causes additional stress and issues for the deceased’s family.
When you finish this blog, you will understand what it means to be intestate, be ready to submit a letter of administration, and have a clear route forward with step-by-step instructions at the bottom of this blog on what to do next. Our objective is for you to be confident in your selections and have a thorough grasp of the process.
What does it mean to pass intestate?
When your loved one dies intestate, their estate will be administered in accordance with the laws of the state or territory in which they reside. A person’s estate is made up of their assets and liabilities.
A person’s assets are their valuable property and possessions, such as a home, car, and bank accounts. A person’s liabilities include any money owed to them, such as a mortgage or a loan.
Have you organised your will?
Take action now to protect yourself and your loved ones in the future by organising your will. Don’t leave it to chance and risk causing unnecessary stress and confusion for your family and friends. Contact us today to ensure your wishes are properly documented and your estate is distributed according to your wishes.
When people say, “person’s estate,” what do they mean?
Simply put, it is when someone dies without leaving a last will.
You will hear a lot of talk about the deceased’s estate or the person’s estate. Simply put, this is their “nett worth,” the full total of all their assets minus any debts or liabilities they may have carried before they passed.
- Here are some examples of what is in a person’s estate:
- Any real property (land and/or building)
- Any finances related to their bank account (debit or credit)
- Any cash held
- If they held any bonds, securities, or shares.
- Any personal effects they held, for example, clothing, jewellery, antiques, or even a walking stick, held personal value.
- If they were a beneficiary of a trust
- any vehicles the individual may have owned.
What is a Letter of Administration?
The first thing we need to do is apply for a letter of administration. We appreciate that the formalities required in applying for a grant of letters of administration might appear daunting and overwhelming. We’re here to guide you through this process and offer the information you need to make the best decisions for you and your loved one.
One of the first tasks is to advertise that you are applying online, which may be a difficult undertaking during such a terrible moment. We want you to know that we are with you every step of the way.
When you apply to the Probate Office, you must produce various papers, including the deceased’s death certificate, a confirmation of the estate’s assets and obligations, and proof that you are the next of kin. The Registrar of Probate will need extra verification of the connection if the next of kin is a domestic partner. This might include an affidavit or other legal document verifying the existence of the connection.
I am the administrator or executor; what are my responsibilities?
The following actions might be required as part of the process of administering a deceased person’s estate without a will:
- Locating and contacting beneficiaries, which could involve genealogy searches to determine their relationship to the deceased under Victoria’s intestacy laws
- Protecting the assets of the estate, such as by taking out insurance and securing assets
- Providing death notifications to relevant authorities, including the Australian Tax Office, Centrelink, and banks
- paying outstanding bills and debts from the estate funds and arranging for asset valuations as necessary.
- Resolving any disputes between beneficiaries
- Lodging tax returns are required.
- Claiming any life insurance or superannuation benefits
- Managing any real estate that is part of the estate, including preparing it for sale
- Distributing assets in accordance with Victoria’s intestacy law
We understand that these tasks can be overwhelming and complex, and our team at Tohme Lawyers is here to provide you with the support and guidance you need to navigate this challenging time.
Finally, a step-by-step guide:
We have written a step-by-step guide to help you navigate this process; this is intended only as general guidance, and we encourage you to reach out for tailored advice and handholding:
- If your loved one did not leave a will, the next of kin will need to apply for a grant of letters of administration from the Supreme Court. The next of kin usually includes the spouse, domestic partner, or child of the deceased.
- If the person who passed away had a partner, their estate will typically go to them. However, if there were children from a previous relationship, they may also be entitled to a portion of the estate.
- If the person had no partner or children, then the estate would pass to their relatives in a specific order, starting with their parents and ending with their cousins.
- If you were in a domestic or de facto relationship with the person who passed away, you may be entitled to their estate. However, certain criteria need to be met, such as living together for two years or having a child together.
- To ensure that your loved one’s estate is managed according to their wishes, it is best to make a valid will. If you need help with this, seek independent legal advice from a professional industry solicitor.
At Tohme Lawyers, we understand how difficult it can be to deal with the loss of a loved one, especially when there is no will in place. Our team of experienced lawyers can guide you through the probate intestate estate and estate planning processes, including:
- Assisting you in making a will or applying for a grant of probate or letters of administration
- helping you understand your legal rights and obligations.
- ensuring that the estate is managed efficiently and according to your loved one’s wishes.
- Providing compassionate and understanding support during this challenging time
At the heart of any relationship is the desire to fulfil each other’s wishes. When it comes to your loved one’s final wishes, it can be a difficult and emotional process. That’s why we are here to provide compassionate and understanding support during this challenging time. We understand that every family is unique, and we will work with you to ensure that your loved one’s final wishes are respected and honoured. Our team of solicitors will guide you through the entire process, from making arrangements to providing emotional support for you and your family. We know that this can be a daunting task, but we are here to help you every step of the way. If you need help or advice, please do not hesitate to reach out to us by calling or emailing us. We are here to support you in any way we can and help you navigate this complex process with care and compassion.