Deceased Estate Lawyers Brisbane
Expert Queensland deceased estate administration. Whether you're an executor with a will or administrator without a will, our experienced estate lawyers provide complete estate administration services at transparent, fixed-fee pricing.
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Queensland Deceased Estate Lawyers
Whether you are the executor of a will or a close relative of someone who died without a will, our experienced deceased estate lawyers can provide the level of legal service you need to properly administer an estate in Queensland. From obtaining probate or letters of administration to complete estate administration, we handle deceased estate matters with professionalism and care.
Our deceased estate lawyers charge a fixed $825 fee for probate or letters of administration - 45-55% below typical Queensland estate lawyer fees. This transparent pricing means you can focus on your family during a difficult time, not worry about mounting legal bills.
We can complete all the work required to administer the estate to completion (including helping you obtain executor's commission) or we can simply help you obtain probate or letters of administration if you prefer to complete the deceased estate administration yourself.
Deceased Estate Administration Services
Our team of wills and estates lawyers in Brisbane can assist with every aspect of administering a deceased estate in Queensland:
Probate (With Will)
Grant of probate applications for estates where the deceased left a valid will naming an executor.
$825 Fixed FeeLetters of Administration
Applications when there is no will or no executor able to act. Administrator appointed by the court.
$825 Fixed FeeEstate Administration
Complete deceased estate administration from obtaining the grant through to final distribution to beneficiaries.
Custom QuoteYou may require a lawyer to help with these aspects of administering a deceased estate:
- Obtaining a grant of probate or letters of administration from the Supreme Court of Queensland
- Searching for a missing will or collecting it from another solicitor, person or entity
- Closing bank accounts and collecting assets from financial institutions
- Assisting you to transfer or sell shares and other investments
- Briefing accountants to finalise tax affairs and lodge final tax returns for the deceased estate
- Transferring property and assisting with the sale of real estate if required
- Working with your financial advisors regarding inheritance of any investments
- Identifying and discharging estate liabilities, reimbursing expenses (funeral and burial fees) and clearing all deceased estate debts
- Distributing estate assets between beneficiaries fairly in accordance with the will and estate law
- Applying for superannuation death benefits and collecting life insurance proceeds
- Defending or negotiating estate disputes and family provision applications
- Advising on executor duties and personal representative responsibilities under Queensland law
Grant of Probate (When There's a Will)
Probate is the legal process of proving a person's last will is valid. When someone dies leaving a will, the executor named in the will typically applies for a grant of probate from the Supreme Court of Queensland. This grant gives the executor official authority to collect the deceased's assets, pay debts, and distribute the estate to beneficiaries according to the will.
An executor may want to obtain probate to protect themselves from personal liability for distributing property without proper authority. While probate is not always necessary, it is typically required when the deceased held certain property or assets that will only be released or transferred to the executor with a certified grant from the court.
When is Probate Required in Queensland?
Probate is typically necessary in Queensland when the deceased estate includes:
- Real estate: Houses, units, land or any property registered with titles office
- Bank accounts: Accounts or term deposits over $25,000 (threshold varies by bank)
- Shares: Share portfolios typically over $10,000-$30,000 (varies by registry)
- Superannuation: Where there is no binding death benefit nomination
Our Queensland probate lawyers can help you determine whether probate is required for your specific situation with a free consultation.
Letters of Administration (When There's No Will)
A grant of letters of administration is required when someone dies without a will (intestate) or when the will doesn't name an executor who can act. This document is issued by the Supreme Court of Queensland and names the administrator who has the legal right to control and administer the deceased estate.
Letters of administration confer official recognition of the administrator's right to deal with the estate property and assets. The administrator has similar duties to an executor but follows Queensland intestacy rules rather than the instructions in a will.
Who Can Apply for Letters of Administration?
Queensland estate law sets out a priority order for who can apply to become administrator:
- Surviving spouse or de facto partner
- Children of the deceased
- Parents of the deceased
- Siblings of the deceased
- More remote relatives or creditors (with court permission)
Our estate lawyers can guide you through the letters of administration application process and ensure you meet all Queensland Supreme Court requirements. The same $825 fixed fee applies to letters of administration as applies to probate applications.
Complete Deceased Estate Administration
Estate administration involves all steps required to wind up a deceased person's affairs. Whether you need full estate administration services or just assistance obtaining probate or letters of administration, our team provides flexible, cost-effective legal advice tailored to your needs.
The Estate Administration Process in Queensland
A typical deceased estate administration in Queensland follows these steps:
- Locate the will: Find and verify the deceased's most recent will
- Apply for grant: Lodge probate or letters of administration application
- Notify parties: Advertise for creditors and notify beneficiaries
- Collect assets: Identify and secure all estate property and assets
- Pay debts: Discharge all valid estate liabilities and debts
- Prepare accounts: Maintain detailed records of all estate transactions
- File returns: Complete final tax returns and obtain clearances
- Distribute estate: Transfer assets to beneficiaries according to will or intestacy law
- Finalise administration: Obtain releases and complete executor duties
Timeline for Estate Administration
Most deceased estates in Queensland are administered within 6-12 months, though complex estates involving property sales, tax disputes, or family provision applications may take 12-24 months. Executors and administrators must wait at least 6 months from the date of death before distributing estate assets to protect against late-arising claims.
Executor Duties and Personal Liability
Executors and administrators are personal representatives with significant legal responsibilities. Queensland law imposes strict duties on personal representatives, and failure to properly administer an estate can result in personal liability.
Key Executor Responsibilities
As a personal representative administering a deceased estate in Queensland, your duties include:
- Duty of care: Act with reasonable care and diligence in all estate matters
- Duty to preserve: Protect estate property from loss, damage or theft
- Duty to creditors: Advertise for creditors and pay valid estate debts
- Duty to beneficiaries: Distribute estate assets fairly according to the will or estate law
- Duty to account: Keep accurate records and provide accounts to beneficiaries
- Duty of loyalty: Avoid conflicts of interest and self-dealing
Why Professional Legal Assistance Protects You
Queensland courts expect executors to retain estate lawyers to help lawfully administer estates. The legal costs for professional services are paid by the deceased estate and won't affect your entitlement to executor's commission. Engaging experienced wills and estates lawyers provides protection from personal liability, expert guidance on complex Queensland estate law requirements, and peace of mind that all executor duties are properly fulfilled.
Why Choose Will and Estate Lawyers Australia
Our team of deceased estate lawyers brings extensive experience in Queensland estate administration. We understand that dealing with a deceased estate is often emotionally difficult, and we provide sensible, cost-effective advice with compassion and professionalism.
Our Deceased Estate Law Services Include:
- Fixed-fee transparency: $825 for probate or letters of administration with no hidden costs
- Brisbane-based team: Local Queensland estate lawyers who understand QLD estate law
- Fast turnaround: Same-day quotes and efficient Supreme Court applications
- Flexible service levels: From simple grant applications to complete estate administration
- Estate dispute resolution: Including defending family provision applications
- Executor protection: Ensuring you meet all legal obligations and avoid personal liability
Experienced in All Deceased Estate Matters
Whether you need assistance with a straightforward probate application or complex estate litigation involving property disputes, will challenges, or contested family provision claims, our estate lawyers have the expertise to help. We handle deceased estates of all sizes across Brisbane, Gold Coast, Sunshine Coast and throughout Queensland.
Get Started with Your Deceased Estate Matter
Request a free consultation with an estate lawyer who can discuss the legal assistance your circumstances require. We'll explain your options, provide a clear quote, and help you understand the deceased estate administration process.
Our fixed $825 fee for probate and letters of administration includes all legal work to obtain the grant. Additional Supreme Court filing fees ($819.90) and required newspaper advertising ($161.70) bring the total to $1,806.60 - still 45-55% below typical Queensland estate lawyer fees.
Frequently Asked Questions About Deceased Estates
Our deceased estate lawyers charge a fixed $825 fee for probate or letters of administration in Queensland, which is 45-55% below typical market rates of $1,500-$3,000+. This transparent pricing includes all legal work to obtain the grant from the Supreme Court of Queensland.
Additional costs include Supreme Court filing fees ($819.90) and mandatory newspaper advertising ($161.70), bringing the total to $1,806.60. For complete estate administration services beyond just obtaining the grant, we provide custom quotes based on the complexity of the deceased estate.
While not legally required, engaging deceased estate lawyers provides significant protection for executors and administrators. Personal representatives face personal liability for mistakes in estate administration, and Queensland courts expect legal representation for probate and letters of administration applications.
Professional estate lawyers help you navigate complex Queensland estate law, reduce your personal liability risk, ensure all executor duties are properly fulfilled, and guarantee assets are correctly distributed to beneficiaries. The legal costs are paid by the deceased estate, not from your personal funds or executor's commission.
The executor's year is a general principle in Queensland estate law that a personal representative has an obligation to collect estate assets, pay debts and expenses, and distribute the estate to beneficiaries within 12 months of the deceased's death.
Under Section 52 of the Succession Act (Qld), an executor may be liable to pay interest at 8% on undistributed legacies after 1 year from the date of death. Executors who fail to administer the estate within one year may also face removal from their role and loss of executor's commission if their conduct is particularly unfit. Our estate lawyers help you complete estate administration efficiently to avoid these penalties.
In Queensland, there is no fixed legal deadline to settle a deceased estate, but executors have a duty to administer estates within a reasonable timeframe. Most straightforward estates are finalized within 6-12 months from the date of death.
Executors must wait at least 6 months after death before distributing estate assets to protect against family provision applications. Complex deceased estates involving property sales, business interests, tax disputes, or estate litigation may take 12-24 months or longer. Our estate lawyers help ensure efficient administration while meeting all Queensland legal requirements and protecting you from liability.
Probate is obtained when the deceased left a valid will naming an executor. Letters of administration are required when there is no will (intestacy) or when the will doesn't name an executor who can act. Both are grants issued by the Supreme Court of Queensland giving legal authority to administer the deceased estate.
The application process, court requirements, and our fixed $825 legal fee are the same for both probate and letters of administration. The key difference is that executors follow the will's instructions, while administrators must distribute the estate according to Queensland intestacy laws. Our estate lawyers can determine which grant you need and guide you through the application process.
In some cases, yes. Small deceased estates without real estate and with bank accounts below institutional thresholds (typically $25,000) may not require probate. However, most Queensland estates need probate or letters of administration because they include property that cannot be transferred without a formal grant from the Supreme Court.
Our deceased estate lawyers offer free consultations to assess whether your situation requires probate. Even when not strictly necessary, obtaining probate provides valuable legal protection for executors and ensures all estate property can be properly collected and distributed without challenges from banks, share registries, or other institutions holding deceased estate assets.