Estate Administration

Expert Estate Administration Lawyer in Queensland

Our estate administration lawyer at QBM Lawyers specialises in Queensland’s four main kinds of estate administration.

1. Will with No Probate

Firstly, the most common form of estate administration our lawyers encounter is when a person has left a Will. In addition, the executor is willing and able to act, and the estate assets don’t require probate.

However, many assets require probate before release, such as substantial bank accounts or other financial assets. If asset holders don’t need a grant of probate, the executor can often administer the estate without incurring the expense of obtaining one.

However, if probate isn’t granted, asset holders may have stricter requirements for releasing assets. In such cases, it can be more cost-effective to obtain probate, especially with multiple assets.

Finally, when all substantial assets are held in joint names and there’s no risk of litigation, estate administration can often proceed without a grant of probate.

2. Will with Probate

Secondly, the executor named in the Will usually acts next, making the most common form of administration. However, they prefer or need to obtain a grant of probate. The Supreme Court of Queensland processes the probate application, and typically, our estate administration lawyer provides instructions within two to three months, assuming no complications arise in obtaining the death certificate.

Lastly, the grant of probate simplifies the process for executors to access the estate’s assets and proves their authority to manage them.

Though, many assets require probate before they can be released. For example, substantial bank accounts or other financial assets. If asset holders don’t need a grant of probate, the executor can often administer the estate without incurring the expense of obtaining one.

Finally, when all substantial assets are held in joint names and there’s no risk of litigation, estate administration can often proceed without a grant of probate.

2. Will with Probate

Secondly, the next most common form of administration is when the executor named in the Will is ready to act. However, obtaining a grant of probate is preferred or necessary. An application for probate is made to the Supreme Court of Queensland. Usually, it can take two to three months to receive instructions from our estate administration lawyer, assuming there are no complications in obtaining the death certificate.

Lastly, obtaining a grant of probate makes it easier for executors to access the estate’s assets. It serves as proof that the executors are authorized to manage those assets.

3. Letters of Administration with the Will Annexed

Thirdly, if the executor cannot or will not act when there is a valid Will, you need to obtain a grant of letters of administration with the Will annexed from the Supreme Court of Queensland.

Applying for a grant of letters of administration with the Will annexed resembles applying for probate. However, you must prove why the executor cannot act and confirm the appointment of a new executor.

Once issued, you administer the estate according to the Will’s terms, just as with probate.

Letters of Administration in Intestacy

Lastly, when there is no Will (except for very small estates), it’s usually necessary to apply to the Supreme Court for a grant of letters of administration in intestacy. The executor is often chosen based on whether the deceased has a surviving spouse. The estate is then distributed according to Schedule 2 of the Queensland Succession Act 1981.