Does a will need a grant of Probate or Letters of Administration before assets of the deceased can be dealt with?
It depends on the nature of the assets. If the estate is small and the assets comprise say a motor vehicle, furniture and personal effects and bank, credit union or building society accounts of not more than $20,000, these can usually be dealt with in the case of a will by production to the bank or financial institution of the will, a death certificate, evidence of the executors identity, a completed withdrawal form and a completed indemnity in the form required by the bank or institution. The executor is personally liable for the payment of the funeral expenses and debts of the deceased, and is personally liable to the beneficiaries for payment of their entitlement. Where there is no will, in the above circumstances, subject to production of the death certificate, a completed withdrawal form and a completed indemnity as above, and evidence of the identity of the next of kin, payment may be made to the next of kin who will then be liable for payment and distribution as above to the per
