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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.
Frequently asked questions by our clients
Why choose a Robbins Watson Estate Solicitor?
Our team of expert estate lawyers is led by one of a handful of inheritance law specialists in Queensland. Christine Smyth is a Queensland Law Society (QLS) Accredited Specialist in Succession Law. No other Gold Coast law firm has anyone more highly recognised by their peers in this specialist field. From the drawing of a simple will, advising as to your estate planning needs, to assisting you to resolve complex will disputes, our team of highly qualified and experienced Gold Coast estate lawyers are experts in addressing all of your inheritance law needs. Robbins Watson Solicitors are here to help, providing peace of mind through a comprehensive Inheritance Law service.
Choosing a probate lawyer who knows the issues, the problems and the solutions is the best way to ensure that everything is addressed from the start, and probate issues smoothly.
Robbins Watson’s estate lawyers do this all day, every day.
When a Robbins Watson estate lawyer is engaged to assist in estate administration, we act to administer the estate as quickly as it may safely be done – while protecting the executor against the many pitfalls.
Our estate lawyers look for safe, sensible solutions to the issues that arise, and ensure that, where you have to make a choice, you are given all your options, with our recommendation about which option is best for you.
Our commitment to streamlining our estate administration while maintaining a sense of personal service and understanding has seen us become the estate lawyers Gold Coast families choose to help them navigate this difficult task.
Book a free estate administration initial consult with one of our expert probate solicitors today.
What is Probate?
“Probate” is a court order which officially recognises the validity of the will and the appointment of the executor named in the will. It is obtained by a formal process of proving and registering the will with the Supreme Court.
Probate is a vital first step in most estate administrations, as it gives the Executor:
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a court order validating the will, with legal and enforceable rights to administer the estate
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legal rights to access the deceased’s bank accounts and other asset holding companies and organisations
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legal rights to sell or transfer estate property – including real estate
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the authority necessary to deal with the ATO, including lodging tax returns for the deceased personally, and if necessary the estate
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protection of the Court from personal liability for proper actions taken as executor
Book a free estate administration initial consult with one of expert Estate Administration Solicitors today.
What is intestacy?
The law of intestacy applies when a person dies without a valid will. It also applies when a person makes a valid will but fails to properly distribute some or all of their assets, which is known as a partial intestacy.
If a person dies intestate, their estate or the part of it they failed to properly distribute is divided between their next of kin, with the precise distributions varying from state to state. If there are no surviving next of kin, the estate passes to the State Government.
Intestacy is an unfortunate consequence of inadequate estate planning and can produce very harsh results, particularly in blended families or when parties have separated but not divorced.
Our award-winning Wills & Estates Team are very experienced in dealing with intestacy and will guide you through the process.
Book a free estate administration initial consult with one of expert our Estate Administration Solicitors today.
What are Letters of Administration?
If a person dies without a will or if their will does not include a valid executor appointment, the court will not make a grant of probate. Rather, the person wishing to administer the estate will be required to apply to the Supreme Court for a grant of Letters of Administration.
The application process is similar to a probate application; however, it is usually more complex, and the tasks required to satisfy the Court are more onerous.
There is also increased scope for a dispute, as there are often various persons (e.g. siblings) who are equally entitled to apply for Letters of Administration, but who hold very different views about how the estate should be administered. Or, they may simply dislike and distrust one another. This can be very unpleasant and may lead to a contested application for Letters of Administration, which is expensive, time-consuming, and incredibly stressful.
Our award-winning Wills & Estates Team are very experienced in dealing with applications for Letters of Administration and will guide you through the process.
Book a free estate administration initial consult with one of expert Estate Administration Solicitors today.
Contested Wills and Estates
Why choose Robbins Watson Solicitors?
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We generously invest time and expertise to understand our clients and build beneficial long-term relationships.
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We can discuss your case and identify how we can work with you to achieve the best possible outcome.
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+61 7 5576 9999