The first steps for an executor when someone passes away

The first role of the executor is to organise the funeral or celebration of life of the deceased. The deceased may have left instructions in their Will or amongst their private papers in respect to their wishes for their funeral or celebration of life. The deceased may have also arranged a prepaid funeral, if so the executor will need to liaise with the appropriate funeral director in respect to this.

If the deceased left any minor children and the children have no other surviving parent then the executor needs to ensure that the children are placed in the care of their appointed guardian. The deceased’s Will should clearly stipulate who they appointed to be the children’s guardian.

The executor should also check the Will to ascertain if provision was made in respect to the care of any of the deceased’s pets and ensure that that such pets are put in the care of the appropriate caregivers in accordance with the deceased’s wishes.

The executor would need to cancel any services that are no longer required for example newspaper delivery, home help or care, meals on wheels, Foxtel and telephone plans, health insurance and advise the deceased’s employer or centrelink if the deceased was receiving any government benefits.

It is important that the executor undertake an inventory of all of the deceased’s assets and ensures that all assets are secured. Motor vehicle, boats, caravans all need to be left in a secured place and there insurance must remain current. Likewise, the executor must ensure that the house and content insurance for all properties remain current. If a motor vehicle was stolen or a property was burnt down and current insurances were not in place the executor may find themselves personally liable for such loss.

Subsequent to undertaking of inventory of assets and liabilities of the deceased the executor will then be in a position to determine if a Grant of Probate is required. Should a Grant of Probate be required then the executor should seek the advice of a Probate solicitor to guide them through the probate and administration process.

Disclaimer: The advice provided in this article is of a general nature only and you should always seek legal advice relevant to your own circumstances.