Losing a parent is one of life's most difficult experiences. Alongside the grief, you may suddenly find yourself dealing with paperwork, financial matters and questions about your parent's estate.
Where do you begin? Who is responsible for making decisions? And what happens if your parent did not leave a will?
Understanding the first steps after a parent's death can help make an overwhelming situation more manageable.
1. Find Out Whether Your Parent Left a Will
One of the first things to establish is whether your parent had a will.
A will generally identifies who should receive their estate and appoints an executor to administer it.
If a will exists, determine who has been appointed as executor. That person will usually take responsibility for identifying estate assets, dealing with liabilities and arranging distributions.
If you cannot locate a will, it may be necessary to contact your parent's solicitor or search their important documents.
2. What Happens If Your Parent Dies Without a Will?
When someone dies without a valid will, they are said to have died intestate.
In Queensland, intestacy laws determine who inherits the estate.
If your parent did not leave a surviving spouse, their children will generally be entitled to inherit under the intestacy rules, subject to the family's circumstances.
An eligible person may also need to apply to the Supreme Court for letters of administration, giving them authority to administer the estate.
Where several adult children have equal priority, the arrangements for who applies may need to be discussed.
3. Protect Your Parent's Assets
Before focusing on distributing an inheritance, immediate attention should be given to protecting estate assets.
Depending on the circumstances, this may involve:
Securing your parent's home and belongings.
Checking that property insurance remains appropriate.
Arranging care for pets.
Identifying urgent bills and ongoing payments.
Notifying relevant organisations of the death.
Safeguarding important financial and legal documents.
These steps can help prevent unnecessary losses while the estate administration process is being organised.
4. Do You Need Probate When a Parent Dies?
Not every deceased estate requires probate.
Probate is a Supreme Court grant confirming the authority of an executor named in a will. Where there is no will, letters of administration may be required instead.
Whether a grant is needed depends on the assets involved and the requirements of the organisations holding them.
For example, banks may require a grant before releasing substantial account balances, while transferring certain property interests may also require formal estate administration steps.
It is important to establish what your parent owned before assuming probate is necessary.
5. Understand Your Rights as a Beneficiary
If you are not the executor, you may still have rights in relation to your parent's estate.
In Queensland, certain people, including children of the deceased, are entitled to inspect or obtain a copy of the will under the Succession Act 1981.
Being a beneficiary does not automatically give you authority to make estate administration decisions. That responsibility generally rests with the executor or administrator.
However, beneficiaries may be entitled to appropriate information about the administration of the estate.
6. Be Aware of Will Disputes and Time Limits
Disagreements can arise about whether a will is valid, whether adequate provision has been made for a family member or how an executor is administering the estate.
In Queensland, a person intending to make a family provision application generally needs to notify the estate within six months of death and commence proceedings within nine months.
Different legal issues may involve different requirements and time limits.
If you are concerned about a will or the administration of an estate, obtaining advice early is important.
Frequently Asked Questions
Do all children automatically inherit when a parent dies?
Not necessarily. Inheritance depends on whether there is a valid will and, if there is no will, how Queensland's intestacy laws apply to the family.
Can I get a copy of my parent's will?
Yes. Children of a deceased person are among those entitled to inspect or obtain a copy of the will under Queensland succession law.
Can siblings administer an estate together?
Yes. A will may appoint multiple executors, or more than one eligible person may be involved in an application for letters of administration.
How long does estate administration take?
It depends on the complexity of the estate, whether probate is required, outstanding liabilities and whether any disputes arise.
Should an executor distribute the estate immediately?
Generally, no. Executors should identify and address liabilities, consider potential claims and obtain appropriate advice before making distributions.
Final Thoughts
When a parent dies, you do not need to understand every aspect of estate administration immediately.
Start by locating the will, identifying who is responsible for the estate and ensuring important assets are protected. The remaining steps can then be addressed in an organised way.
If you have recently lost a parent and need guidance about probate, letters of administration, beneficiary rights or an estate dispute, contact Lidia Vicca or book a free consultation to discuss your circumstances.