Wills & Estates Practice Area: Sale of Deceased Estate
The Wills & Estates practice area focuses on what happens to a person's belongings after they pass away. In New Zealand, this includes everything from their house and car to their bank accounts and personal items. One important part of this area is the Sale of Deceased Estate.
What is a Deceased Estate?
A deceased estate is the total value of everything a person owned when they died. This can include:
- Property, like a family home or rental properties
- Vehicles, such as cars or boats
- Bank accounts and investments
- Personal belongings, like jewellery or furniture
Why is the Sale of Deceased Estate Important?
When someone passes away, their estate needs to be managed. This often involves selling some or all of their belongings to pay off debts, taxes, or to distribute the remaining assets to family members or beneficiaries. For example, if a person owned a house and had outstanding bills, the house might need to be sold to cover those costs.
How Does the Process Work?
In New Zealand, the process usually involves several steps:
- Probate: This is a legal process where the will is confirmed as valid. It allows the executor (the person in charge of the estate) to manage the deceased's assets.
- Valuation: The estate's assets are valued to understand how much they are worth. This helps in deciding what to sell and for how much.
- Sale: The executor can then sell the assets. This might involve listing a house with a real estate agent or selling personal items at auction.
- Distribution: After selling the assets and paying any debts, the remaining money is distributed to the beneficiaries as per the will.
Who Can Help?
In New Zealand, solicitors who specialise in Wills & Estates can guide families through this process. They can help with legal paperwork, ensure everything is done correctly, and provide support during a difficult time.
Conclusion
The Sale of Deceased Estate is an important part of managing a loved one's affairs after they have passed away. Understanding this process can help families navigate their responsibilities and ensure that everything is handled fairly and legally.