Your chosen solicitor can help to guide you through every stage of your journey as an executor, including:
Informing you of your rights and responsibilities
Helping you apply for Probate and complete the Probate forms
Helping you identify and collect your loved one’s assets
Advising you on any potential tax implications
Advising you on the right order to pay debts and distribute assets
Assisting you to resolve any claims against the estate
The Executor is also responsible for contacting various institutions to inform them of the death.
For more information on managing your loved one’s Estate, please visit www.justice.wa.gov.au
The Role of Executor
Below is information you may require if you are appointed as an Executor of a person’s Estate.
After your loved one dies, their estate is frozen. The role of the ‘Power of Attorney’ also ceases at this point and it is the Executor’s responsibility to carry out the wishes of the deceased from this point.
Archer and Sons Funeral Homes will complete and submit all legal documents required following the death of your loved one, however a family member, friend or Next of Kin will be required to supply personal information and sign these forms during the funeral arrangements.
Archer and Sons Funeral Homes will liaise with your loved one’s regular Doctor to obtain the Medical Certificate of Cause of Death and associated forms required for a cremation. Archer and Sons Funeral Homes is also responsible for registering deaths with the Registry of Births, Deaths and Marriages. Most of the information required can be found on Birth and Marriage Certificates.
A Death Certificate is required by the Executor to apply for probate, enact the Will and to officially notify various organisations of the death. The certified copy of the death certificate is sent to the authorised recipient, approximately 7-10 days after the funeral.
Most financial institutions will be able to release funds from your loved one’s account following the presentation of an original funeral tax invoice and the Death Certificate. If there are insufficient funds to pay the funeral invoice, the bank will often make a part payment with the funds available.
Therefore, funeral expenses can in many cases be paid prior to Probate being granted.