Wills & Estates
Estate administration involves identifying assets and liabilities, establishing authority and carrying out the estate’s obligations before distribution. Probate concerns a grant connected with a will; other circumstances may require a different type of grant or process.
General information only — not legal advice. This Australian overview is not a statement of every state or territory’s law. Check the jurisdiction and current requirements with an appropriately qualified adviser.
A grant is not required in every estate, and obtaining one does not finish the administration. Asset location, ownership and institutional requirements matter. Ask about debts, possible claims and the proper steps before distributing anything; use the relevant jurisdiction’s court guidance.
Organise the following material you already lawfully hold. This is a preparation list, not a complete evidentiary requirement. Ask the verified adviser what they need and how to send it securely.
Keep originals and dates intact. Use a short initial enquiry for a conflict and suitability check before sending sensitive documents.
Ask the lawyer to distinguish obtaining authority from carrying out the administration afterwards. Prepare the available will, death information, broad asset list and correspondence from institutions. A first-stage plan should identify uncertain ownership, records needed and which tasks you or the firm would perform.
A quote for a grant application may exclude collecting assets, dealing with tax questions, resolving disputes and distributing the estate. Request a staged scope so the total work is not hidden behind the word probate.
What authority is required for these assets, and what remains to be done after any grant?
Ask the adviser to explain the assumptions behind the answer, any missing information and what would change the proposed next step. You can request an initial assessment without assuming that full representation is included.
Start with what is available and label estimates and missing records. Ask which valuations or institution responses are needed for the proposed task. Initial advice can help organise the investigation without treating incomplete figures as final.
Compare the defined work and exclusions, not just the initial price. Ask about GST, third-party expenses, later stages and what happens if the scope changes. Our legal fees guide explains useful questions, and the comparison worksheet helps record proposals.
For a related legal task, read contested wills & family provision. Use both sets of preparation questions if your enquiry spans the two tasks.
Define the work before comparing the fee
Planning documents, estate administration and an estate dispute start from different roles. Explain whether you are making decisions for yourself, acting in an estate role or seeking advice about your own interest.
Mention connected issues when you enquire. One engagement may not cover every part of your situation.
Use these primary resources for background and current pathways. A state-specific resource is an example for that jurisdiction, not a rule for all Australia. Broad regulator and tribunal links do not establish your eligibility or a legal entitlement.
NSW probate only; use the relevant Supreme Court for another jurisdiction.
Our document lists, questions and examples are original editorial preparation prompts. Follow the relevant authority for current requirements and seek individual advice before acting.
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