Is probate always required?

Not always. It depends on the assets and the institutions involved. Many banks require probate above certain amounts, and land usually requires it.

How long does it take?

Obtaining probate often takes a few months. Finishing the administration takes longer, especially if there are claims or property to sell.

How much does a will cost?

Many firms offer simple wills for a fixed fee. Wills involving trusts, blended families, business interests or overseas assets cost more because they need more planning.

Can I contest a will?

Close family members, and some others who depended on the person who died, can apply for a greater share if they were not adequately provided for. Strict time limits apply, often within months of the death, and they differ between states.

Probate & Estate Administration lawyers in Australia

What to discuss at the first meeting

Explain your role and whether an executor has been appointed or an application already made. Administration involves collecting information, addressing liabilities and recording decisions, not simply distributing belongings.

Confirm the scope of executor assistance, application work, asset transfers and accounting before comparing fees.

How the engagement may progress

List family members, property, debts, companies, trusts and superannuation. Identify where original documents are held and which assets are jointly owned.
Ask what each document or application would achieve. Confirm which state rules and asset-ownership arrangements need to be considered.
Agree on signing, storage and future reviews, or on the executor’s responsibilities for records and distributions. Identify changes that should prompt further advice.

Fees and the scope of work

Compare a simple-will quote with more involved planning or estate administration. Ask about searches, applications, valuations and coordination with an accountant.

Ask for a written scope identifying the work you are authorising, the person responsible and when costs will be reviewed. If you only want advice on one step, say so before the firm begins wider work.

Dates to raise at first contact

Provide the date of death and any estate correspondence promptly. Ask about relevant deadlines before distributing assets, signing a release or assuming a dispute can wait.

Questions to ask a probate & estate administration adviser

Is an application needed for this estate?
Which tasks can I undertake and which will you handle?
Does the scope address assets outside my own name?
Who is the client if relatives attend together?
What information is needed before documents can be finalised?

Probate & Estate Administration lawyers

Why probate & estate administration matters

The Australian context

Probate & Estate Administration lawyers near you

970 probate & estate administration firms

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Williams Barristers and Solicitors

BT Legal

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Farrar Gesini Dunn

Conveyancing Solutions & Legal

DF Legal

Next Legal and Conveyancing Pty Ltd

Corsers Lawyers, Property, Conveyancer, Wills Estates & Immigration specialists

KO Legal

Davis + Haven Legal

EAS Legal Melbourne

Chua Tan Associates

Pathway Legal

AMAN Lawyers

A practical guide to probate & estate administration

What to discuss at the first meeting

How the engagement may progress

Fees and the scope of work

Dates to raise at first contact

Questions to ask a probate & estate administration adviser

Frequently asked questions

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