If you are the executor of an estate, prior to distributing the assets of the estate, you can publish a notice of intended distribution which indicates that you intend to distribute the assets of the estate to the appropriate beneficiaries.
The purpose of this notice is to give any creditors of the deceased person a final opportunity to give notice of the debt that they are owed and to protect the executor from any future claims by creditors of the deceased person that they were unaware the person had passed away and that the estate was going to be distributed.
Interestingly, it is not mandatory for this notice to be given, but it is generally good practice to do so to protect the executor as much as possible.
How is the Notice of Intended Distribution Published?
The notice of intended distribution is published by completing a form on the NSW Online Courts Registry, who then post the form on their website on your behalf.
What does the notice contain?
The notice of intended distribution contains:
- Basic information about the deceased person – Their name, address and date of death;
- The details of the executor of the estate or their solicitor;
- A statement that any person having a claim on the estate must submit details of the claim within thirty (30) days of the date of the notice; and
- A statement that after that deadline, subject to the deceased person also having passed away at least six months prior, that the executor intends to distribute the assets of the estate.