If you’re dealing with estate administration in Sydney or across NSW, an executor is a person appointed under a Will to carry out the wishes of the deceased person, as expressed in their Will. An appropriate person will be appointed by the court to be the administrator where there is no Will, or where there is no executor willing and able to act.

At PK Simpson, since 1977, we’ve helped thousands of families navigate the complexities of probate and estate administration with compassion and expertise.

What Does an Executor/Administrator Do?

The role of the executor/administrator is to:

• Locate the latest valid will
• Assist the family, if necessary, with funeral arrangements
• Obtain the death certificate
• Identify the deceased’s assets and liabilities
• Obtain probate/letters of administration (if required)
• Ensure payment of any debts
• Distribute gifts and assets as specified under the will or intestacy provisions

While many people appoint their spouse or other family member as their executors any adult can be appointed and in some instances key advisors such as accountants or lawyers are appointed. This is particularly common for complex estates involving business interests, multiple properties, or family trusts.

Only one executor is required but often several are appointed and substitutes can also be included in the event your first choice of executor is unable or unwilling to act when the time comes.

Having alternate executors ensures your estate administration proceeds smoothly regardless of circumstances.

Understanding the Executor’s Legal Responsibilities

While the legal responsibility for the correct administration of a will rests with the executors it is usual for them to seek advice from an experienced probate lawyer. The legal nature of the process makes it difficult for most executors to carry it out on their own. Without proper legal guidance, executors face personal liability for mistakes in estate administration, including incorrect distributions or unpaid debts.

What is Probate?

Probate is simply a statement from the Supreme Court that confirms the validity of the will and allows the executor to distribute the estate of the deceased person in accordance with the will. In NSW, the probate process  can range from a few months to a year or more once all documentation is correctly prepared and submitted.

When Probate May Not Be Required

In some instances probate may not be required if the estate is only small and comprises simply a motor vehicle or bank accounts and personal effects. However, executors who administer an estate without probate remain personally liable for the debts of the estate and the distribution of the gifts to the beneficiaries.

Most NSW banks require probate for accounts exceeding approximately $50,000, though this threshold varies between institutions

Letters of Administration for Estates Without a Valid Will

Where there is no will or formally valid will, the court will grant what is called Letters of Administration, which is similar to a Grant of Probate. This process is more complex and typically takes longer than standard probate applications.

Why You Need a Probate Lawyer in NSW

Remember that as an executor under a will you have legal responsibilities that should be taken seriously. Failing to meet your obligations can result in personal liability, court proceedings, or challenges to your decisions by beneficiaries.

Do I Need a Probate Lawyer?

If you are an executor you should always consult a probate lawyer before taking any action. Some wills may specify that an executor seek the advice of a particular lawyer or firm but generally you can work with any lawyer of your choosing.

At PK Simpson, we’ve been assisting executors and administrators since 1977, making the probate process as smooth and stress-free as possible.

A probate lawyer, or lawyer with experience in estate administration, can advise you on:

• Your legal responsibilities including important time restraints
• The most effective way to deal with the estate assets and liabilities
• The legal tasks required during the administration of the estate
• Whether probate is required and the specific documentation needed for NSW Supreme Court applications
• How to handle disputed wills or beneficiary challenges
• Tax implications and reporting requirements for the estate

How PK Simpson Can Help You Navigate Estate Administration

Acting as an executor can be a stressful and time consuming process, particularly for larger estates, but the right choice of an experienced probate lawyer can ease the burden considerably.

Our dedicated client services department ensures you’re supported throughout every stage of the estate administration process, we’re the only NSW law firm with a team solely focused on client satisfaction and communication.

Since 1977, PK Simpson has been helping families across Sydney and NSW navigate complex estate administration, from straightforward cases to complex estates involving business assets, international property, and family disputes. Our expertise includes:

• Standard probate applications for straightforward estates
• Complex estate administration involving trusts, companies, and multiple beneficiaries
• Contested wills and estate disputes including family provision claims
• Letters of administration where no valid will exists
• Executor liability protection ensuring you meet all legal obligations

If you are an executor under a will, talk to a probate lawyer here at PK Simpson for the advice you need to fulfil your legal responsibilities and ensure the estate is administered in the way the deceased person intended.

Call us today on 1300 757 467 or contact our Sydney, Parramatta, Liverpool, Campbelltown, Wollongong, or Newcastle offices for a confidential consultation.