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After a death / 7 min read

Probate and estate administration: first steps

A calm starting point for documents, responsibilities and questions after someone dies.

QUICK ANSWER

The first tasks are usually to locate the current will, identify the person with authority to act, protect property and understand immediate practical commitments. Avoid distributing assets before responsibilities and liabilities are clear.

Key takeaways

  • Locate the original will and later documents.
  • Protect assets and keep records of expenses.
  • Ask what authority is needed before dealing with property.
01

Identify the document and the decision-maker

Look for the original will, codicils and information about where documents are stored. A copy can still be important, but tell the lawyer if the original cannot be found or if there may be a later will.

Record the executor names and whether each person is willing and able to act. Do not assume that being a family member automatically gives authority over every asset.

02

Protect rather than distribute

Secure property, maintain essential insurance and keep a record of reasonable expenses. Avoid informal distributions, sales or promises until authority, liabilities and potential claims have been considered.

  • Death certificate and original will
  • Asset, debt and account overview
  • Property insurance and security details
  • Funeral invoices and estate-related expenses
03

Ask for a map of the administration

Ask whether a court grant is likely, which assets can be handled without one and what notices or waiting periods apply. Clarify how debts, tax, expenses and distributions are sequenced.

Request a written scope showing who will gather information, communicate with institutions, prepare applications and maintain estate accounts.

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COMMON QUESTIONS

Useful answers before you start.

What if there is no will?

Tell the lawyer. Intestacy rules determine who can apply and how the estate may be distributed, and the process varies by jurisdiction.

Can funeral costs be paid from the estate?

They may be estate expenses, but payment processes vary. Keep invoices and ask the bank or adviser what authority is required.

How long does estate administration take?

Timing depends on assets, liabilities, court processes, tax and disputes. Ask for stages and dependencies rather than a guaranteed completion date.