I am the executor of an estate – what do I need to take with me to my first appointment with a lawyer?

A Checklist 

Someone you know has just died, and you’re named as the executor of their Will.  You’ve made that first appointment with a lawyer to understand what you need to do.

What next?     

Dealing with the death of a loved one is emotional and overwhelming—especially when you’re also tasked with managing their estate.  

Below we have prepared an easy-to-follow checklist of the documents and information you should try to locate and take with you to your initial meeting with a lawyer.  

Bringing these documents will give your lawyer a clearer picture of the estate and help streamline the administration process, so you leave your appointment feeling informed and prepared. 

The Checklist 

• The Original Will, and any Codicils (these are legal documents used to make minor changes, additions or deletions to an existing Will) – you might find the original at the deceased’s home, or a copy of it at least, which will indicate where the original is stored.  If you can’t find the original or a copy, start making some calls to see if you can locate it. 

• The Original Death Certificate – this can usually be obtained through the funeral home, or through Births, Deaths & Marriages. Sometimes the Death Certificate can take time to be issued. It may be best to wait until you have received it before making an appointment with a lawyer, but if you are eager to get the process started, you can still see a lawyer to get things moving.  

• Trust Documents – if you find any trust documents amongst the deceased’s paperwork, take them with you to your appointment.  Your lawyer can then assess what, if anything, needs to be done about the trusts. 

• A list of Assets and Debts 

Where possible, try to bring recent statements and documents relating to the following: 

• Bank accounts – including the BSB and account numbers.   

• Real estate –  title deeds or council rates notices  

• Vehicles – titles or registrations 

• Investments 

• Superannuation  

• Life insurance policies 

• Credit cards, loans, mortgages, and other debts 

• Tax returns (last 1–2 years) 

• Funeral bill or receipts 

Legal & Personal Information 

• Full legal name of the deceased 

• Date and place of death 

• Names and contact details of all beneficiaries 

• Names of any minor children or dependents 

• Marriage certificate (if relevant) 

• Divorce decree (if applicable) 

Questions to Ask Your Lawyer 

Don’t let a stressful situation get the better of you.  Before your appointment, write down any questions you may have for your lawyer to make the most of your initial meeting. These might include: 

• Do I need to apply for probate? 

• What is my role as executor or trustee? 

• How long will the process take? 

• What are my legal responsibilities? 

• What are the legal fees involved? 

Ready to Get Started? 

We understand that being named as an executor can feel daunting – but you’re not alone. If you’re unsure where to begin or what documents you need, we’re here to help. 

Visit here, to find out more, or complete our online enquiry form, here and one of our experienced estate lawyers will be in touch. 

Or call your nearest TGB office to book a confidential consultation. 

 (08) 8212 1077