Legal Templates
Small Estate Declaration

Small Estate Declaration for Australia

Small Estate Declaration Template for Australia

A Small Estate Declaration is a legal document used in Australian jurisdictions to facilitate the informal administration of deceased estates where the total value falls below the statutory threshold (which varies by state/territory). This document allows eligible next of kin or administrators to collect and distribute the deceased's assets without obtaining a formal grant of probate or letters of administration. It includes detailed information about the deceased, their assets, and the declarant's right to administer the estate, while providing protection to asset holders who release property based on this declaration.

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What is a Small Estate Declaration?

A Small Estate Declaration serves as a streamlined alternative to formal probate proceedings in Australian jurisdictions. This document is specifically designed for situations where the deceased's estate value falls below statutory thresholds (varying by state/territory, typically between $50,000 and $100,000). It enables eligible persons to administer estates informally, reducing time and costs associated with formal administration. The declaration contains crucial information about the deceased, their assets, and the declarant's entitlement to administer the estate. It provides legal protection to institutions releasing assets while ensuring proper distribution to beneficiaries. This document is particularly valuable for straightforward estates where formal probate would be disproportionately burdensome.

What sections should be included in a Small Estate Declaration?

1. Declarant Details: Full legal name, address, and contact information of the person making the declaration

2. Deceased Person Details: Full name, last address, occupation, and date of death of the deceased person

3. Relationship Statement: Declaration of the relationship between the declarant and the deceased

4. Estate Value Declaration: Statement of the total estimated value of the estate, confirming it falls within small estate thresholds

5. Asset Declaration: Listing of all known assets of the deceased, including bank accounts, personal property, and any other valuable items

6. Next of Kin Statement: Information about the deceased's closest surviving relatives and their entitlement to the estate

7. Administration Intent: Statement of intention to administer the estate and distribute assets according to law

8. Declaration of Truth: Formal declaration that all information provided is true and correct to the best of the declarant's knowledge

9. Execution Block: Space for signature, date, and witness details

What sections are optional to include in a Small Estate Declaration?

1. Will Statement: Statement regarding the existence or non-existence of a will, used when there is clarity about the will status

2. Debt Declaration: Details of any known debts or liabilities, included when there are outstanding debts to be paid

3. Multiple Beneficiaries: Additional section detailing multiple beneficiaries and their entitled shares, used when there is more than one beneficiary

4. Foreign Assets: Declaration of any assets located outside the jurisdiction, included if applicable

5. Previous Applications: Statement regarding any previous applications for administration, included if relevant

What schedules should be included in a Small Estate Declaration?

1. Schedule A - Asset Inventory: Detailed listing of all assets including account numbers, institutions, and current values

2. Schedule B - Supporting Documents: List of attached documents such as death certificate, will (if any), and proof of relationship

3. Schedule C - Beneficiary Details: Complete information about all beneficiaries including contact details and relationship to deceased

4. Appendix 1 - Identity Documents: Copies of declarant's identification documents and proof of relationship to deceased

5. Appendix 2 - Death Certificate: Certified copy of the death certificate

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

Australia

Publisher

Genie AI

Document Type

Declaration Form

Sector

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Banking

Public Administration

Estate Management

Insurance

Real Estate

Wealth Management

Professional Services

Government Services

Relevant Teams

Legal

Wealth Management

Estate Administration

Trust Services

Compliance

Risk Management

Client Services

Document Processing

Private Banking

Probate Administration

Relevant Roles

Estate Administrator

Legal Executive

Probate Clerk

Trust Officer

Bank Manager

Wealth Manager

Estate Planning Lawyer

Probate Lawyer

Financial Advisor

Public Trustee

Justice of the Peace

Legal Assistant

Compliance Officer

Risk Manager

Industries
Administration and Probate Act 1958: Sets out the rules for administering deceased estates in Australia, including specific provisions for small estates and their informal administration
Succession Act 2006: Governs how estates are distributed when someone dies, including intestacy rules that may apply to small estates
Statutory Declarations Act 1959: Federal legislation governing the making of statutory declarations, which is crucial for small estate declarations
Banking Act 1959: Contains provisions regarding the release of funds from deceased persons' accounts, particularly relevant for small estates
State Trustees Act: Provides for the appointment and powers of state trustees who may assist in administering small estates
Legal Profession Uniform Law: Governs legal practitioners' obligations when assisting with estate administration, including small estates
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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