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Probate & Deceased Estate Administration

Probate & Deceased Estate Administration – Gold Coast Legal Experts

At Robbins Watson Solicitors, we understand that losing a loved one is a challenging time. Navigating the legal complexities of estate administration can add to the stress. Our experienced team is here to provide compassionate and efficient guidance through every step of the process.​

What Is Probate?

Probate is a legal process that validates a deceased person’s Will, granting the executor authority to administer the estate. This includes:​ 

  • Accessing bank accounts and other financial assets.​
  • Transferring or selling property.​
  • Dealing with the Australian Taxation Office (ATO).​
  • Distributing assets to beneficiaries.​ 

Without probate, institutions may not release assets, causing delays and complications.​

Do I Need a Grant of Probate?

Whether or not you need a Grant of Probate depends on the nature and value of the deceased’s assets.

You may need a Grant of Probate if:

  • The deceased owned real estate solely in their name or as tenants in common.
  • Banks or financial institutions require probate before releasing funds (this is often the case with balances over $50,000).
  • Superannuation funds require probate to release death benefits.
  • Share registries or investment platforms require proof of authority to transfer or sell holdings.
  • The deceased or the estate have outstanding tax matters. 
  • There is a dispute over the Will or competing claims to the estate.

You may not need probate if:

  • All assets were owned jointly (such as with a spouse) — they pass automatically to the surviving owner.
  • The estate is small and institutions are willing to release assets without probate.
  • Superannuation and insurance proceeds are paid directly to nominated beneficiaries.

We can help you determine whether probate is necessary and, if so, guide you through the process with efficiency and care.

Our Estate Administration Services

Our dedicated Wills & Estates team offers comprehensive services, including:​

  • Applying for Grants of Probate or Letters of Administration.​ 
  • Identifying and valuing estate assets.​
  • Paying debts and managing liabilities.​ 
  • Distributing assets to beneficiaries.​
  • Handling estate disputes and contested Wills.​

We aim to streamline the process, providing clear advice and support to executors and administrators.​

Take the Next Step

If you’re facing the responsibility of administering a deceased estate, we’re here to help. Our compassionate and knowledgeable team will guide you through the process with clarity and care.​

Contact us today to get started:

  • Call us on 07 5576 9999
  • Book an appointment online by clicking here
  • Fill out our online enquiry form by clicking here

Alternatively, you can start your Probate and Deceased Estate Administration matter online now by clicking here or on the banner below. 

Meet the team

Connie Ung

Partner

Andrew Smyth

Consultant

Christine Smyth

Special Counsel

Hannah Kulaga

Senior Associate

Isabella Ashworth

Solicitor

Why choose Robbins Watson Solicitors?

Discover what makes us different.

Experience you can count on

With over 60 years in business, we position our clients and their businesses with the best advice to enable them to prosper.

We’re committed to you

We recognise your needs, assess specific priorities and objectives and develop strategies to meet them.

Enduring relationships

We generously invest time and expertise to understand our clients and build beneficial long-term relationships.

Efficient teams

We embrace technology to ensure our clients outcomes are delivered quickly, efficiently and cost-effectively.

What our clients have to say

As first home buyers Emma from Robbins Watson made the experience stress free. With her professional service and excellent knowledge of industry. Couldn't recommend her more. Thank you!

Kimberley G

Very pleased with this firm and the outcome we received. Highly recommend Robbins Watson for any Family Law matters.

Cate B

Sean and his team have always been incredibly supportive and knowledgeable. Couldn’t recommend Robbins Watson Solicitors more!

B.M.

I recently had the opportunity to work with Alexandra Coyle, and I couldn't be more pleased with the experience. From the outset, she demonstrated exceptional professionalism and a deep understanding of the legal issues involved which was very reassuring. I felt well-informed throughout the process, and she worked tirelessly to ensure a successful outcome for me. I’m glad I reached out to this firm. Thank you for making a challenging situation so manageable. I highly recommend Alexandra for anyone seeking reliable and empathetic legal assistance.

Justyna B

I was so pleased with Bell’s work. I found her easy to get along with, explain things clearly and make the whole process calm. I would recommend her to anyone going through an estate dispute.

Taylah C

Marcus, thank you again for your support throughout the settlement process, we very much appreciate your professionalism, advice and communication from start to finish! We would be happy to recommend Robbins Watson to our family and friends.

Angela

Good morning – just wanted to send a quick email off and let you know how impressed (my wife and myself) have been with Emma – We have bought a couple of properties up there over the last year or two – we’re from Wagga Wagga, NSW and are relocating up there at the end of this year. Emma has been absolutely fantastic to deal with and we couldn’t be happier!!! It makes things really easy when you have someone on the ball like she is – so yeah, just a quick ‘Well done’ – thanks so much, we really appreciate it and keep up the good work!

Jarrod

Thank you again for your services, I cannot fault you and your team. You are always such a pleasure to deal with and make what would normally be a stressful time, quite the opposite.

Emma (& Helen)

Please extend my warmest thanks to All that have assisted me. You all have made the process of dealing with Wills, selling property, and soon with my own Will and things. Robbins Watson have exceeded my expectations in ability, personal interactions, pleasant meetings; in short, you are my Solicitors of choice, and I say so to any and all.

George

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+61 7 5576 9999

Frequently Asked Questions (FAQs)

What is probate and when is it required in Queensland?

Probate is a court order proving the last will and confirming the executor’s authority; it is typically needed to deal with assets like bank accounts and property held solely in the deceased’s name.

How long does probate take on the Gold Coast?

Once all advertising and notice requirements are met, a grant of probate is usually issued within several weeks, but administering the estate may take several months depending on complexity.

Can an executor administer an estate without a lawyer?

Executors may apply for probate and carry out estate administration themselves, but legal advice can help ensure compliance with notice, taxation and distribution obligations.

What happens if there is no will?

When a person dies intestate, letters of administration are required, and the estate is distributed according to Queensland’s intestacy rules rather than personal wishes.

Do I have to pay a deceased’s debts from the estate?

Estate debts and funeral expenses must be paid before distributing assets; beneficiaries receive whatever remains after liabilities are met.