When someone passes, their property and affairs need managing. This is usually done by the executor named in their Will, or an administrator appointed by the court if there is no Will (intestacy). We know this is a tough time, and our firm is here to help you navigate the legal process with compassion and professionalism.

What is Probate?

Probate is when the Queensland Supreme Court confirms a Will’s validity, giving the executor the legal right to manage and distribute the estate.

Probate is generally required when the deceased owned real estate and/or significant assets in their own name. Probate may not be required in some cases, for example, when the estate is modest and comprises only a few personal belongings, or assets are held jointly such as a family home owned as joint tenants between the deceased and their surviving partner. We can help you determine whether probate is required or should be obtained in your circumstances.

Letters of Administration (No Will)

If there is no Will left or no executor named in the Will, the next of kin can apply for letters of administration. This grants authority to manage the estate, but it can be more complex and costly than when a Will is left setting out the deceased’s wishes. When someone dies without a Will (intestate) the administrator distributes the estate according to a formula set out in Queensland’s intestacy laws.

Estate Administration

Estate administration involves a range of tasks including:

• Collating a list of assets
• Applying for probate or letters of administration
• Contacting the deceased’s account providers and government authorities
• Claiming funds under superannuation and life policies
• Managing estate finances – opening an estate account, paying ongoing expenses, and managing any income generated by the estate’s assets
• Dealing with beneficiaries – communicating with beneficiaries to keep them informed of the administration process
• Distributing assets and transferring property to beneficiaries
• Finalising the estate – once all assets have been distributed and all matters are settled, the executor finalises the estate administration process.

If you have lost a loved one and need help obtaining a grant of probate, letters of administration, or administering an estate, please call 07 5495 2608 or email [email protected].