Whether you’re an executor named in a will or a family member of someone who passed without one, we’ll guide you through the court process across NSW, QLD and VIC — sensitively and efficiently.
A grant of probate is a court order that confirms the deceased’s last will is valid and permits the executors appointed under the will to gather the deceased’s assets and distribute them in accordance with its terms.
It is the executor(s) appointed under the will who submit an application to the relevant Supreme Court to acquire the grant.
In NSW, QLD and VIC, probate is not always required simply because there is a will. Whether it’s required usually depends on:
A grant of letters of administration is a court order which confirms the deceased died without a will (intestate) and permits the administrator — the person appointed by the court — to distribute the deceased’s assets.
In this situation, the law dictates who is entitled to receive the deceased’s assets. This is known as the ‘rules of intestacy’ and the rules differ between Australian states. The person with the highest legal entitlement to the estate applies to be appointed administrator.
Probate and administration matters often involve banks, institutions and family dynamics that benefit from sensible, early advice. We charge fixed fees wherever possible so you know where you stand from the outset.
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