The Public Trustee may manage a person's estate after they die.
This can happen if:
- the Public Trustee is named as the executor in the person's Will
- the Supreme Court appoints the Public Trustee as administrator of the estate.
The court will only appoint the Public Trustee if:
- there is no Will
- the named executor cannot or does not want to undertake their role
- there is no-one else available to take on the role.
If the Public Trustee is appointed, they are in charge of the entire estate. They must act in the best interest of the estate, follow the law, and respect any wishes in the Will if the person had one.
Public Guardian and Trustee staff will try to talk with the person's family and other beneficiaries during the process. They will also give updates at important stages of administering the estate.
If there are any disagreements or legal issues, like questions about the Will or who should get what, it's important to let the Public Guardian and Trustee know early. This helps sort out problems before they get too serious.
In some cases, independent legal advice may be needed.
This could happen if:
- there are concerns about whether the Will is valid
- parts of the Will are unclear or confusing
- someone else may be legally entitled to part of the estate.
Estate administration process
When managing an estate, Public Guardian and Trustee staff must follow the law.
They will:
- check that the funeral is being organised by family or a friend
- organise the funeral if there is no-one else to do so
- find out whether there is a valid Will
- apply for probate or letters of administration
- identify and contact beneficiaries
- locate, secure and value the estate's assets
- manage and distribute the estates assets
- pay any taxes, debts or money owed
- finalise the estate.
The time it takes to administer an estate depends on how complex it is. It also depends on any legal requirements that need to be followed. The Administration and Probate Act 1969 sets out the process for administering an estate.
A simple estate usually takes between 12 to 24 months to complete. However, it may take longer if:
- the estate has lots of assets or property
- beneficiaries are hard to find or live far away
- there are overdue tax returns
- there are legal disputes or challenges.
A more complex estate may take more than 2 years to finalise.
Fees and charges
The Public Guardian and Trustee charges fees for managing an estate. These costs are paid from the estate itself and may include:
- legal fees
- advertising costs
- fees for lodging documents
- accountant or tax agent fees
- property cleaning or maintenance
- real estate and conveyancing costs
- property management fees.
All fees will be clearly recorded as part of the estate process.