Probate Lawyers - Expert Help for Executors

Understanding Probate in Australia

When a loved one passes away, dealing with their estate can feel overwhelming. If you've been named as executor in a will, or you're a beneficiary waiting for an inheritance, you may have heard the term "probate" but aren't sure what it means or whether you need it. Many people search for probate lawyers when they realize they need professional help navigating the complex legal process of estate administration.

Probate is the legal process of proving a deceased person's will is valid through the Supreme Court. The court issues a grant of probate, which is an official document that confirms the will's validity and gives the executor legal authority to administer the estate. This grant allows the executor to access bank accounts, sell property, transfer shares in the deceased's name, and ultimately distribute assets to beneficiaries according to the will.

The probate process exists to protect everyone involved in the estate. It ensures the deceased person's wishes are carried out correctly, protects executors from personal liability, gives financial institutions confidence they're releasing assets to the right person, and creates a public record that allows creditors and potential claimants to come forward. Without a grant of probate, executors often cannot access or transfer the deceased's assets, leaving beneficiaries unable to receive their inheritance.

When You Need a Probate Lawyer

Most people don't realize they need probate assistance until they encounter obstacles trying to administer a deceased estate. Banks refuse to release funds without a grant. The land registry won't transfer property. Share registries demand court documentation. Suddenly, what seemed straightforward becomes a complex legal process requiring specialized knowledge.

Common Situations That Require Professional Assistance

Our probate lawyers regularly help executors and administrators dealing with:

• Real estate: Property in the deceased person's name almost always requires probate before it can be sold or transferred to beneficiaries
• Bank accounts: Most Australian banks require a grant of probate for accounts over $25,000, though thresholds vary between institutions
• Share portfolios: Share registries typically need probate to transfer securities from the deceased's name
• Superannuation: Some super funds require probate depending on the binding death benefit nomination status
• Complex estates: Estates with multiple assets, creditors, or beneficiaries benefit from professional legal guidance
• Disputed wills: When family members contest the will or threaten a family provision application
• Interstate estates: Deceased estates with assets in multiple Australian states require coordination across jurisdictions

Many executors initially believe they can handle probate themselves, only to discover the Supreme Court process is more technical than expected. Court documents must be prepared in approved form, strict advertising procedures must be followed, the Public Trustee must be notified, filing fees must be paid, and any court requisitions must be answered promptly. A single error can delay the grant by weeks or months.

The Legal Process of Obtaining Probate

The probate application process follows specific legal requirements set by each state's Supreme Court. While the exact steps vary slightly between Queensland, New South Wales, Victoria, and other states, the fundamental process remains similar across Australia. Understanding what's involved helps executors make informed decisions about whether to engage professional legal services.

Step-by-Step Probate Application Process

A typical probate application involves these key stages:

1. Initial assessment: Determine whether probate is required based on the types and values of assets in the estate
2. Locate documents: Find the original will, death certificate, and information about all estate assets and liabilities
3. Advertising: Publish notices in approved publications to notify potential creditors and claimants of the executor's intention to apply
4. Notify authorities: Inform the Public Trustee and other required parties of the application
5. Prepare court documents: Complete the originating application, executor's affidavit, and supporting materials in the Supreme Court's approved form
6. File application: Lodge documents with the Supreme Court registry along with the original will, death certificate, and filing fees
7. Court processing: Wait for the court to review the application and issue any requisitions requesting additional information
8. Receive grant: Collect the sealed grant of probate once the court approves the application
9. Estate administration: Use certified copies of the grant to collect assets, pay debts, and distribute the estate

The entire probate process typically takes 8 to 12 weeks from start to finish in straightforward cases. Complex estates or those with court requisitions may take longer. Our probate lawyers manage this entire process on behalf of executors, ensuring all legal requirements are met and minimizing delays.

After the Grant is Obtained

Receiving the grant of probate is just the first step in estate administration. Executors must then collect all assets using certified copies of the grant, prepare an estate account showing all assets and liabilities, pay the deceased person's debts and funeral expenses, file tax returns for the deceased and the estate, wait at least 6 months before distributing to protect against claims, and finally transfer assets to beneficiaries according to the will.

Throughout this process, executors have significant legal responsibilities to beneficiaries, creditors, and the court. Professional legal advice helps ensure these executor duties are properly fulfilled while protecting the executor from personal liability.

Why Choose Specialist Probate Lawyers

When dealing with a deceased estate, the choice of legal representation matters. General practice lawyers may handle an occasional probate matter, but specialist wills and estates lawyers focus exclusively on this area of law. This specialization translates into more efficient service, better outcomes, and significant cost savings for estates.

The Specialist Advantage

Our team of probate lawyers brings specific advantages that general practitioners cannot match:

• Volume efficiency: We process hundreds of probate applications annually, allowing us to streamline the process and offer fixed fees 45-55% below market rates
• Court expertise: Daily interaction with the Supreme Court registry means we know exactly how to prepare applications that avoid requisitions and delays
• Estate focus: Unlike general practice firms juggling multiple practice areas, we concentrate solely on wills, probate, and estate disputes
• Transparent pricing: Our $825 fixed fee for probate applications is disclosed upfront, with no hidden costs or hourly billing surprises
• Same-day service: We begin work immediately upon instruction rather than waiting for appointments or scheduling delays

Queensland courts expect executors to retain legal advisors to help lawfully administer estates. The cost of professional legal services is properly paid by the estate and deducted before calculating any executor's commission. This means engaging experienced probate lawyers protects you without affecting your entitlement to compensation for your work as executor.

How Our Probate Service Works

We've designed our probate service to be as simple and stress-free as possible for executors. From your first call to receiving the grant, we handle everything while keeping you informed at every stage. Our fixed fee structure means you know exactly what the legal costs will be before we start, with no surprises.

What's Included in Our Fixed Fee

For our $825 legal fee, we provide comprehensive probate services including:

• Initial consultation to assess whether probate is required for your specific estate
• Preparation of all Supreme Court documents in approved form
• Arrangement of mandatory advertising in the Queensland Law Reporter
• Notification to the Public Trustee as required by law
• Filing of the application with original will and death certificate
• Payment of court filing fees ($819.90) and advertising costs ($161.70) on your behalf
• Responding to any court requisitions at no additional cost
• Collection and provision of certified grant copies for asset holders

The total investment for probate in Queensland is $1,806.60 including our legal fee, court costs, and advertising. This represents savings of $733 to $1,074 compared to typical market rates of $2,540 to $2,880 charged by other firms.

Currently Serving Queensland

We currently provide probate services throughout Queensland from our offices in Brisbane (Milton and Ashgrove) and Sunshine Coast (Sippy Downs). Our service area includes Brisbane, Gold Coast, Sunshine Coast, Ipswich, Logan, Toowoomba, and all other Queensland locations. National expansion to New South Wales and Victoria is planned for early 2025, allowing us to serve executors Australia-wide.

Complete Estate Administration Support

While some executors only need help obtaining probate, others require comprehensive assistance administering the entire deceased estate. We provide flexible services to match your specific needs and comfort level. Whether you want us to handle everything or just provide advice on specific issues, we tailor our approach to your situation.

Estate administration encompasses all the steps required to finalize a deceased person's affairs. After obtaining the grant of probate or letters of administration, executors must identify and collect all assets, advertise for creditors and pay valid debts, prepare detailed estate accounts, file tax returns and obtain clearances, wait the required 6-month period to protect against claims, and distribute assets to beneficiaries according to the will or intestacy laws.

Throughout this process, executors face potential personal liability if they make mistakes. Distributing assets too early could expose you to creditor claims. Failing to properly account for estate transactions might result in beneficiary complaints. Missing tax obligations could trigger penalties. Our estate lawyers help you navigate these responsibilities while protecting your interests as executor.

Common Estate Administration Challenges

Our probate lawyers regularly assist with complex situations including estates with business interests requiring valuation and sale, properties that need to be maintained and sold, beneficiaries located overseas or difficult to contact, creditor disputes about whether debts are valid, family provision applications contesting the will's distribution, executor disputes when multiple executors disagree, and tax issues requiring specialist accounting advice.

Rather than struggle with these challenges alone, most executors find that professional legal assistance saves time, reduces stress, and actually costs the estate less in the long run by avoiding mistakes and delays.