Home Products Do It Yourself Legals The Complete Kit Do It Yourself Legals Complete Kit Table of Contents Do It Yourself Conveyancing Conveyancing-the Buying only kit Table of Contents Conveyancing-the Selling only kit Table of Contents Do It Yourself Wills Do It Yourself Probate The Probate Kit Table of Contents Do It Yourself Power of Attorney Do It Yourself Divorce Do It Yourself Deceased Estates Deceased Estate Table of Contents Do It Yourself Transmission By Death Transmission By Death Kit Table of Contents Do It Yourself Record of Death Articles A Free How To Make A Will Sample Kit Definitons of Legal Terms A to D Definitons of Legal Terms E to L Definition of Terms Used M to S Definition of Terms Used T to Z What Is The Assurance Fee What Is Torrens Title About Us Contact Us Privacy Site Map

Do It Yourself
Deceased Estates

The Deceased Estate Kit

Add To Favourites | Print This Page

Contains instructions for Record of Death, Transmission by Death (includes the necessary form/s required) and Probate/Letters of Administration/Intestacy.

Deceased Estate small

Price: $120 Postage and Handling $5.50 (if required)

Start by listing all property and investments held by the deceased and if part owned the extent of the interest.

The role of the Executor/rix is to finalize the estate of the deceased, to pay any debts, attend to Transmission by Death and Probate if required, arrange the preparation of tax returns, for which it would be prudent to obtain the services of your accountant or the Taxation Department. The role is an honorary position unless provision for payment has been made in the Will. If a solicitor is named executor in a Will it usually has a clause stating that he can charge the usual fee which is customarily a percentage (3% - 5%) of the gross estate plus expenses.

Property held in Joint names including shares, insurances, interests in mortgages as mortgagees, leases, bank accounts as well as freehold and leasehold land including the family home, investments, properties, holiday units etc. held as Joint Tenants are not affected by the will or lack of a will as they go to the survivors of the Joint Owners and often the recording is not urgent.

Bank accounts that operate on either signature can continue while those requiring both signatures would require the production of the Certificate of Death.

Shares in companies and insurance policies also require the sighting of a Certificate of Death as well as the Share Certificates or Policies and may require Probate. All wills can be challenged, so beware of a Family Provision Claim under Part IV of the Succession Act 1981.

The above is usually a very simple and trouble free procedure.

An office copy of the Certificate of Death must be a full certified copy and showing the cause of death and can be obtained from the Registrar of Births, Death and Marriages in the Capital City of the state wherein death occurred.

The Real Property Description of land can be obtained from photocopies of the Title Deed at the Titles Office or from your copy of the Title Deed or Lease or Bill of Mortgage. The land would include any improvements.

FREEHOLD and STATE LEASEHOLD LAND (including MINERS HOMESTEAD LEASES) held as Joint Tenants is recorded by lodging Form 4 Request to Record Death with the Lands Department.

Property not held as Joint Tenants would be transmitted according to the Will and if there is no Will, then according to law. Generally it is not necessary to Probate a Will (which means prove) unless any of the institutions holding assets of the deceased requires it to be done. It is wise to contact each of the institutions and establish their requirements. Some will hand over the assets after sighting the Original Will and the Certificate of Death, others will insist that Probate be obtained.

It is not necessary to Probate the will of Freehold Land only unless the Will is deficient in some way or if the Registrar of Titles requires Probate to be done when intestate and gross estate less that $150,000. Refer to the Probate Kit.

Leasehold Land held under either the Land Act or Miners Homestead Act. Probate is not required if the GROSS value of the Estate does not exceed $150,000.00 and the Minister for Lands or Mines gives consent. However if it is necessary to obtain Probate you would attend to this first and then proceed with any Transmission.

If there is no Will and the GROSS value of the estate does not exceed $150,000.00 (and the appropriate Minister has given approval, in the case of Leasehold land) then it is not necessary to obtain Letters of Administration before submitting a Transmission by Death. However you must wait six months from the date of death before executing and lodging Transmission by Death.

Bookmark this page
BlinkList Delicious Digg Facebook Fark Furl Google Bookmarks Livejournal Ma.gnolia Netvouz Newsvine Reddit Spurl Stumbleupon Wists Yahoo My Web