Deceased Estates Explained: A Simple Guide to Handling a Loved One’s Affairs with Care
Losing a loved one is one of life’s most difficult experiences. During this emotional time, handling their personal and financial affairs—known as administering a deceased estate—can feel overwhelming.
Whether you’re an Executor, Administrator, or simply supporting a family member, understanding the process is the first step toward managing things with care and confidence.
In this guide, we’ll explain deceased estates in simple terms, with a focus on the process in New South Wales (NSW), and show how professional help can ease the burden during a difficult time.
1. What is a Deceased Estate?
A deceased estate refers to all the assets, property, debts, and belongings left behind by a person who has passed away.
This includes:
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Bank accounts
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Real estate
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Personal belongings
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Investments
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Outstanding debts
Handling a deceased estate involves gathering these assets, paying any liabilities, and distributing what remains according to the person’s Will or, if there’s no Will, according to the Succession Act 2006 (NSW).
Managing a deceased estate properly is important to ensure everything is handled legally and fairly for all beneficiaries.
2. First Steps After Someone Passes Away
When a loved one passes in NSW, there are a few important steps you need to take before you can deal with the estate:
a) Register the Death
You must obtain an official death certificate from the NSW Registry of Births, Deaths and Marriages.
This certificate is crucial for dealing with banks, superannuation funds, and government bodies.
b) Locate the Will
The next step is to find out if the deceased left a valid Will.
The Will names the Executor—the person responsible for managing the estate.
If there’s no Will, someone (usually a close family member) may apply to become the Administrator.
c) Secure the Estate’s Assets
Before any distribution happens, it’s important to protect property and valuables, inform banks, and freeze accounts to prevent fraud or misuse.
3. Do You Need Probate or Letters of Administration in NSW?
In many cases, you’ll need official permission from the NSW Supreme Court to manage a deceased estate.
What is Probate?
Probate is the legal process of proving that the Will is valid and giving the Executor the authority to act.
You usually need to apply for probate if:
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The estate is large
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There’s real estate involved in NSW
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Financial institutions require it before releasing funds
What if There’s No Will?
If the person passed away intestate (without a Will), you’ll need to apply for Letters of Administration instead.
The court will appoint an Administrator—usually the next of kin—to manage the estate under NSW intestacy laws.
Applying for probate or letters of administration can involve:
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Filing a probate notice online via the NSW Online Registry
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Preparing legal affidavits
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Advertising your intention to apply
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Submitting formal applications to the NSW Supreme Court
Professional help from a probate lawyer in NSW can make this process much smoother and less stressful.
4. Common Challenges When Dealing with a Deceased Estate
Managing a deceased estate isn’t always straightforward. Some of the most common challenges include:
a) Disputes Over the Will
Sometimes, family members or dependants may contest a Will if they feel they’ve been unfairly left out.
In NSW, individuals can bring a Family Provision Claim against the estate under the Succession Act.
b) Missing or Unknown Assets
Locating all the deceased’s bank accounts, superannuation, and investments can be tricky, especially if they didn’t leave clear records.
c) Debt Recovery
The estate must pay off any outstanding debts, including mortgages and credit cards, before distributing assets.
d) Family Disagreements
Emotions often run high after a death. Disagreements about the estate’s distribution can cause rifts between family members, which sometimes escalate into legal disputes.
Professional estate administration helps reduce these risks by ensuring all actions are transparent and legally compliant.
5. How Professional Help Makes the Process Easier
Dealing with the passing of a loved one is already emotionally exhausting—managing a complex legal process on top of that can feel impossible.
Here’s how getting professional assistance in NSW can make a real difference:
a) Reduce Stress and Confusion
Estate lawyers guide you through NSW-specific paperwork, court applications, and deadlines, helping you avoid costly mistakes.
b) Speed Up the Process
Professionals know how to gather documents, lodge court applications, and deal with banks and government bodies efficiently.
c) Ensure Legal Compliance
An experienced estate solicitor in NSW will ensure that the deceased estate is administered according to the law, protecting you from personal liability.
d) Manage Complex Estates
If the deceased owned property in different states, had business interests, or complex share portfolios, professional help ensures correct valuation and distribution.
Working with a deceased estate services team gives families peace of mind during a challenging time.
6. Why Choose lyon legal services for Deceased Estate Services in NSW
At lyonlegalservices, we understand that every family—and every estate—is unique.
We’re committed to providing supportive, compassionate, and expert legal advice to help you navigate this difficult time with ease.
When you work with us, you’ll receive:
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Personalised support from an experienced NSW-based team
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Clear, practical advice without confusing legal jargon
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Fixed-fee or transparent cost structures (no hidden surprises)
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Local knowledge of court processes and requirements across NSW
Whether you need help with probate applications, estate administration, or contesting a Will, we are here to support you every step of the way.
Conclusion
Handling a deceased estate in NSW can feel overwhelming, but understanding the process—and getting the right support—can help make it easier.
By taking the right steps early and leaning on expert guidance, you can honour your loved one’s wishes and protect the interests of all family members.
If you’re facing the challenge of managing a deceased estate in NSW, contact lyonlegalservices today.
Our compassionate and experienced team is here to help you every step of the way.
Quick FAQ
What happens to a deceased person’s bank accounts in NSW?
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Bank accounts are frozen until the Executor or Administrator provides the death certificate and a grant of probate or letters of administration.
How long does estate administration take in NSW?
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Simple estates may be finalised within 6-12 months, but complex estates or disputed estates can take longer.
What if there’s no Will in NSW?
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The estate is distributed according to the NSW intestacy rules, usually to the deceased’s closest relatives.
