Stage 1 - Ending case or liability (CS) 277-05040000
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Questions and answers about deceased estates
This table describes questions and associated answers relating to executing a deceased estate that that will assist staff when managing a Stage 1 case/liability that has ended as a result of a child/customer being deceased.
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How does Child Support find out who the Executor is so they can contact them? + Read more ... If the deceased person made a will, the person who contacts Child Support advising of the death may be able to advise us of the Executor named in the will. If not, other family members may be able to help. If the Executor cannot be located or there is no Executor because the person died intestate (with no will), you may become aware of a person who has been appointed by the Court as the administrator of the estate. The Court maintains a register of executors and administrators who have been granted probate (the authority necessary to deal with a person’s estate). If family members or friends are not able to identify an executor or administrator, Court records can be searched. |
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What if there is no Executor and there are amounts outstanding or overpaid? + Read more ... In some cases, a person will die intestate (with no will and therefore no Executor) and no one will have applied to the Court for letters of administration (to become administrator of the estate). If there is no executor and no one has applied to obtain letters of administration Child Support can write to the Public or State Trustee to advise of the amounts owing by or owed to the deceased person and to request that the Public or State Trustee administer the estate. If there is a debt and there are no identifiable assets, Child Support can decide not to pursue the debt if it is irrecoverable at law or uneconomical to pursue. If there are assets that can be identified, Child Support should consider whether taking legal action is economical. See Non-pursuit of individual Child Support debts. |
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What if there is money to be disbursed and no Executor/estate? + Read more ... Child Support cannot disburse money until a grant of probate is made. If a person is granted probate, either as executor or administrator, they should send Child Support a copy of the document so that payment can be organised, etc. Until an Executor or administrator is identified, Child Support should hold any money collected. If there is no executor and no-one has applied to obtain letters of administration, Child Support can write to the Public or State Trustee to advise of the amount owing to the deceased person and to request that the Public or State Trustee administer the estate. |