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Wills & Estates

Probate & Estate Administration: a practical guide

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.

Important distinctions

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.

What to prepare for a first conversation

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.

  • The will and death certificate if available
  • An initial asset and liability list
  • Correspondence from banks or other asset holders

Keep originals and dates intact. Use a short initial enquiry for a conflict and suitability check before sending sensitive documents.

A question worth asking about probate & estate administration

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.

Before engaging a provider

What should the first appointment cover?

Use the topic-specific question above to agree on the purpose of the meeting. Ask whether the appointment includes document review, advice on options, a written summary or any further action. Confirm responsibility for dates and lodgement rather than assuming an enquiry transfers that responsibility.

How do I compare costs for this work?

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.

What if I am unsure which legal topic applies?

Explain what happened and the outcome you want in ordinary language. Mention related decisions, notices and existing proceedings. The adviser can assess the appropriate scope and whether a referral is needed. Explore the Wills & Estates category for connected issues.

When legal issues overlap

Mention connected issues when you enquire. One engagement may not cover every part of your situation.

Official resources and their scope

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.

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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