Wills & Estates Lawyers › Probate & Letters of Administration
Probate Lawyers — Validating the Will. Authorising the Executor.
Probate is the Supreme Court process that formally proves a will is valid and authorises the executor to deal with the deceased's assets. Without a grant of probate (or letters of administration where there is no will), banks, share registries, and land titles offices will not release assets. A probate lawyer manages the application, handles any caveats or disputes, and guides the estate through the administration process.
⚠ Banks and financial institutions will freeze accounts on notification of death — and will not release funds without a grant of probate or letters of administration. Time limits apply to some estate assets and claims. Get the process started today.
What We Help With
Probate and estate administration — the full process.
Grant of Probate — Will Exists
Where the deceased left a valid will, the executor applies to the Supreme Court for a grant of probate — a formal court order that the will is valid and that the executor is authorised to administer the estate. A lawyer prepares and files the probate application and obtains the grant on the executor's behalf.
Letters of Administration — No Will (Intestacy)
Where the deceased died without a valid will (intestate), there is no executor to administer the estate. A family member or next of kin applies to the Supreme Court for letters of administration — appointing them as administrator with authority to collect and distribute the estate under the intestacy rules.
Letters of Administration with Will Annexed
Where a will exists but no executor has been appointed (or the appointed executor has died, renounced, or lost capacity), letters of administration with the will annexed are obtained. This grants authority to a person nominated by the court to administer the estate according to the terms of the will.
Caveats & Contested Probate
A caveat lodged in the probate registry prevents a grant of probate from being made while the will's validity is in dispute. A lawyer lodges or responds to caveats, and represents parties in contested probate proceedings where the validity of the will is challenged — including on grounds of capacity, undue influence, or improper execution.
Small Estates — Affidavit of Executor
Where the estate is small and assets are held by a single institution, some banks and financial institutions will release funds on the basis of an affidavit of executor (or next of kin) without requiring a full grant of probate. A lawyer prepares the appropriate documentation and negotiates with financial institutions on behalf of the executor.
Foreign Probate — Ancillary Grants
Where probate was granted in another country and the deceased held assets in Australia, an Australian court may need to make an ancillary (or resealing) grant to authorise the foreign executor or administrator to deal with the Australian assets. A lawyer identifies which states are relevant and manages the ancillary grant process.
What the Law Says
Probate — the legal framework.
When is probate required?
Probate is generally required where the deceased owned real property in their sole name, held bank accounts or investments above the financial institution's threshold (typically $50,000–$100,000 depending on the institution), or owned shares in companies. Joint tenancy assets and superannuation (where not paid to the estate) do not typically require probate. A lawyer advises on which assets require probate and which can be transferred without it — and whether the estate is small enough to be administered without a grant.
The probate application — what is required
A probate application to the Supreme Court requires: the original will (no copies); an affidavit by the executor(s); a death certificate; an inventory of the estate's assets and liabilities; and compliance with the court's filing requirements. Each state's Supreme Court has its own probate rules — including advertising requirements (a notice published in a law reporter or court website before filing to allow creditors and interested parties to object). A lawyer manages all steps of the application.
Intestacy — who inherits if there is no will
Where a person dies intestate, the estate is distributed according to the intestacy legislation of the state where the deceased was domiciled. The rules set a hierarchy — generally: spouse (or de facto partner in most states) receives the first portion; then children share the remainder; then parents; then siblings. Stepchildren and other dependants who have no entitlement under the intestacy rules may need to make a family provision claim. A lawyer advises on the applicable intestacy rules and who is entitled to apply for letters of administration.
Executor duties — the legal obligations
An executor is a fiduciary — they owe duties to the beneficiaries and to the court. Executor duties include: obtaining probate; advertising for creditors; calling in all estate assets; paying all valid debts and liabilities (in the correct order of priority); preparing estate accounts; and distributing the estate to beneficiaries in accordance with the will. An executor who distributes the estate prematurely (before debts are cleared) can be personally liable to unpaid creditors. A probate lawyer guides executors through each stage of the administration.
Trustee Act — executor's power to manage assets
Between the date of death and the completion of estate administration, the executor holds estate assets as trustee — with the powers set out in the applicable Trustee Act (which varies by state) and any additional powers granted by the will. These include powers to sell estate property, invest estate funds, and manage any ongoing business or real property. Acting outside these powers can expose the executor to personal liability — a lawyer advises on the scope of executor powers in each specific situation.
Limitation periods — estate claims and debts
Creditors have a limited period to bring claims against an estate — generally 6 years from the date of death for contract and tort claims, though this varies by state and type of claim. Executors who distribute before these periods expire risk personal liability if a creditor subsequently proves a valid claim. Family provision claims (contesting the will) must generally be brought within 12 months of the date of death in most states — the executor should not distribute too early.
How It Works
One request. A probate lawyer handles the process.
Tell us about the estate — whether there is a will, the type and approximate value of assets, and your role. A probate lawyer contacts you for a free consultation and takes over the court application.
Submit Your RequestDescribe the estate and your role
Tell us whether there is a will, your role (executor, next of kin, beneficiary), the state where the deceased was domiciled, and the broad assets in the estate (real property, bank accounts, shares).
Matched to a probate lawyer
Your request is matched to a wills and estates lawyer experienced in Supreme Court probate applications in your state — including contested probate and intestate estates.
Application lodged and grant obtained
A lawyer prepares all the required documents, places the required notice, lodges the application with the Supreme Court, and obtains the grant of probate or letters of administration.
Common Questions
Probate — frequently asked questions.
How long does probate take?
The timeframe varies by state and by the complexity of the estate. In most states, an uncontested probate application takes 4–8 weeks from the time the application is filed with the Supreme Court — but the prior steps (obtaining the death certificate, preparing the application, placing the required notice) add additional time. Total time from death to grant of probate is typically 2–4 months for a straightforward estate. Contested probate (where the will's validity is disputed) takes much longer — 12–24 months or more.
Do I need probate if the estate is small?
Not always. Where the estate consists only of jointly held assets (which pass by survivorship), superannuation (dealt with by the fund trustee), or cash and personal effects of modest value, a formal grant of probate may not be required. Many banks will release accounts below a certain threshold on presentation of the death certificate and an affidavit without a formal grant. A lawyer advises whether probate is required for the specific estate — and in some cases can obtain the release of assets without a court application.
What is the difference between probate and letters of administration?
Probate is the court order that validates an existing will and authorises the named executor to act. Letters of administration are granted where there is no valid will — appointing an administrator (usually the next of kin) to administer the estate according to the intestacy rules. Letters of administration with the will annexed are granted where a will exists but no executor is willing or able to act. The practical effect is similar — the grant authorises the holder to deal with estate assets — but the process and eligibility requirements differ.