Someone dies and leaves a will
This figure is a flowchart with labelled boxes linked by lines. The flowchart describes the steps you can take if someone dies and leaves a will. Each box in the flowchart contains a hyperlink to further information. The action you take will depend on your responses to each step in the flowchart. The flowchart is described as a list of 9 steps. Where there are possible actions, these are listed beneath that step.
Step 1. Someone dies and leaves a will [link to The will]. Possible action:
- The will names an executor [link to The will]. Go to step 2.
- The will does not name an executor or the executor is unable to act [link to The will]. Go to step 6.
Step 2. The executor makes enquiries about the value of the deceased's assets and debts [link to Working out assets and debts]. Possible action:
Step 3. The executor applies for a grant of Probate in the Supreme Court of NSW [link to Applying for Probate]. Go to Step 4.
Step 4. Probate is granted [link to After probate or administration]. Go to Step 5.
Step 5. The executor pays the debts from the estate and distributes the remainder [link to After probate or administration].
Step 6. The next of kin makes enquiries about the value of the deceased's assets and debts [link to Working out assets and debts]. Possible action:
Step 7. The next of kin applies for a grant of Letters of Administration in the Supreme Court of NSW [link to Applying for letters of administration]. Go to Step 8.
Step 8. Administration is granted [link to After probate or administration]. Go to Step 9.
Step 9. The next of kin pays the debts from the estate and distributes the remainder [link to Distributing the estate].