NSW Executor of Mum's Will - Any Other Legal Processes?

[kellieann]

My mum died recently and she only left $30.000. Can my sister and I who are both Executors of her will get the will from the solicitors and withdraw the money from the bank and take half each and close the bank account? Or is their a legal process that an executor of a will has to go though? My mum had no other assest and her funeral has been paid for and she has no debts.

 

[Sarah J]

Hi Kellieann,

There are a few steps that you and your sister, as executors, need to take beforehand:

1. Obtain a death certificate;
2. Value the property, if you haven't already done so; and
3. Obtain a probate for your mother's will. A probate is a court order that proves the will you have from your mother is the final and valid version of your mother's will. A probate allows the executor to distribute property according to your mother's will. Since the value of the property is less than $100,000.00, filing for a probate will be free.

Here are some information sheets that may help you:

- FAQ Supreme Court of New South Wales;
- Law Society of NSW;
- State Library NSW: legal answers.

I'm very sorry for your loss and hope this all works out for you as quickly and painlessly as possible.