Support for executors
When you are acting as executor, there are different types of support to help you with administration, costs, understanding what to do and coping emotionally.
Finding help and support
Some tasks are the responsibility of the executor, while some can be shared amongst family and friends. These include:
- finding organisations
- organising the funeral
- contacting people about the death.
At other times, you may need more official types of support, such as:
- professional legal help with the legal processes involved in executing a will
- grief support to help you process and come to terms with the death
- financial support for the time and effort required in executing a will.
Get legal help
Types of legal help
Solicitors can help with many of the legal processes that are involved in executing a will. These include:
- assessing the will
- preparing a grant of probate
- contacting organisations
- contacting beneficiaries
- explaining how legal processes work
- contests to the will or the estate.
How much lawyers charge
In NSW, the amount a lawyer can charge for work they do up to obtaining the grant of probate or letters of administration is set by law. The set fees are based on the value of the estate.
However, the fees that are set by law do not include:
- goods and services tax (GST)
- disbursements (expenses) paid to third parties such as court filing fees and online registry notice fees
- work carried out by the lawyer to administer the estate after the grant of probate or letters of administration.
- For example, transferring property to the beneficiaries.
A lawyer must provide you with a costs agreement and disclosure in writing.
Find more information about getting legal advice at LawAccess NSW.
Help from NSW Trustee and Guardian
If you do not want to accept the role of executor, you can appoint NSW Trustee and Guardian to act as the executor for you.
NSW Trustee and Guardian charge for their services. The amount they charge depends on how complex the estate is and what services you are asking for.
Get help with estate administration at NSW Trustee and Guardian.
Grief support
Grief support services can help people to understand and process the death of someone close to them.
Getting grief support can involve talking to a:
- psychologist
- grief counsellor
- psychiatrist
- support group with someone who has had a similar experience.
You can access these services in different ways, including through:
- one-on-one counselling
- support groups
- online or telephone support.
Your GP (General Practitioner) can give you care and advice about grief support. They can also refer you to specialist services if you need them.
For an overview of these services, visit Grief Australia.
Learn more about grief and where to get support through Healthdirect.
Financial support
An executor can apply to the NSW Supreme Court for compensation for the time and effort involved with administering an estate.
This kind of payment is called 'commission', and is paid from the estate.
Generally, if there is more than one executor or administrator, they will make a joint application for commission.
Learn more about applying for commission at the NSW Supreme Court.
