Probate and Estate Administration

When someone passes away, there can be a lot to take in. We help executors understand the legal steps ahead and find the support they need to look after the estate.

Discuss your matter

Support when there is a lot to take in.

After someone passes away, their estate needs to be looked after. This involves gathering their assets, paying debts and distributing the estate to those entitled. An experienced solicitor can explain whether probate or letters of administration are needed and guide executors and administrators through their responsibilities. This helps reduce the risk of missed requirements, distributing assets too soon and personal liability.

Does this estate need a grant?

A grant of probate confirms an executor’s authority under a will. Letters of administration may be needed where there is no will, or where there is a will but no executor able or willing to act. The application and the person entitled to apply depend on the circumstances.

A grant is not required for every estate. The assets, how they are owned and the requirements of the institutions holding them need to be considered. We can help you work out whether a grant is needed and which pathway applies.

Gather the documents, one step at a time.

We can help you work through the documents needed, starting with the original will and any codicils, the death certificate, details of the executor and beneficiaries, and an outline of assets and debts. Bank accounts, property, investments, business interests and superannuation may follow different legal pathways.

Some assets may pass outside the estate, depending on ownership and relevant arrangements. Please let us know about jointly owned property, trusts and superannuation nominations so we can clarify which assets are dealt with under the will.

The application is only part of the work.

Where a grant is needed, the process may involve required notices, supporting documents and a Court application. The documents and timing depend on the type of grant and any issues that arise. We explain the steps relevant to your estate and the information needed from you.

Court processing times, other organisations and missing or complex documents can affect how long things take. We will explain the likely steps and timing for your estate, although we cannot promise a fixed completion date.

Administering the estate with care.

Administration can include identifying and collecting estate assets, dealing with liabilities, maintaining records, communicating with beneficiaries and preparing for distribution. Property dealings, tax obligations and possible claims need consideration before the estate is finalised.

An executor has responsibilities to the estate and beneficiaries. We can discuss the agreed legal assistance, with accounting or tax advice arranged where needed. A dispute, contested claim or unusual asset may require different legal work or referral.

Know what is included before you take the next step.

Whether you need a grant application or broader administration, your quote will set out the professional fee, GST and outlays. Court fees, notices, searches and additional work will be set out in your engagement.

Please tell us about any approaching deadline, dispute or urgent concern about an estate asset when you enquire. We will need to confirm that we can act before taking responsibility for the matter or any deadline.

Help with the first estate enquiry.

If you are unsure which documents you need, start with a brief enquiry. We can discuss what to gather next and how we can help.

A clearer estate-administration pathway

A typical pathway, tailored to the agreed engagement and your documents. The order and timing can change with the circumstances.

01

Talk through the estate and support needed

Tell us what you know about the will, the executors, the death certificate and any immediate concerns.

02

Gather information about assets and debts

Build an initial picture of the estate and identify the supporting documents needed.

03

Work out the grant and support needed

Assess whether probate or another grant is required and agree the work included and fees for the estate.

04

Attend to the agreed administration work

Work through the relevant application, asset and liability steps. Timing depends on the estate and third parties.

05

Finalise the estate with care

Guide the agreed distribution and estate records once the legal and administration requirements have been addressed.