Probate + Estate Administration
Probate Lawyers Townsville. Letters of Administration. Estate Administration.
Our experienced Wills and Estate lawyers can advise and assist Executors with all estate administration matters.
We offer a low fixed fee First Appointment for $330, for you to speak with an experienced lawyer to figure out your next steps.
Call Us Contact us with your Questions
Administrating or 'sorting' the Estate of a loved one can be time consuming and sometimes complicated. If you are the Executor of a Will or are in a close relationship with the deceased, it is ideal to obtain legal advice from an experienced lawyer, in order to know what to do when someone dies.
O’Shea Dyer Solicitors offer a low fixed fee First Appointment of $330 (inc gst) for all Estate enquiries. You get to chat with an experienced Lawyer who understands the issues and laws that apply.
Sometimes it is necessary to obtain Probate or Letters of Administration and usually some assistance may be required for the Administration of the Estate. Often there is property to be transferred etc. We can take all the stress away and look after everything that needs to be done. Alternatively, we can assist you as much or as little as you need to complete the Administration yourself.
What does an Executor need to do?
If you have been appointed as the Executor of a Will or you are the Next of Kin of a person who has died without a Will, there are a few things to be done.
All estate debts need to be paid; assets collected and then payments need to be made to the beneficiaries set out in the Will, or if there is no Will, in accordance with intestacy laws.
If is often necessary for the Executors to obtain a Grant of Probate or Letters of Administration.
Sometimes there is a claim from a family member against the Estate. The Executor’s job is to uphold the terms of the Will, defend claims and protect the Estate.
What is a Grant of Probate?
Probate
Usually, a third party like a Bank, a Nursing Home or the ATO requires an Executor to obtain a Grant of Probate. They need this before they will close the deceased’s bank accounts, release funds or tax details and pay the funds to the Estate. If there is a valid Will, an Application is made for a ‘Grant of Probate’ from the Supreme Court of Queensland. The Application requires various documents to be prepared and an advert to be placed in the Qld Law Reporter.
The Probate Order is usually made by the Court Registry without the need to attend Court in person. The ‘Grant of Probate’ is an Order of the Court that approves the Will as the deceased’s last Will, and that the person who the Grant is given to, is the person entitled to administer the deceased’s estate.
Probate protects the Executor and third parties. If an Executor administers an Estate without Probate based on a Will, and then a later Will is found, they can be personally liable for bequests they have made that are mistaken. If the Executor has obtained Probate, they won’t be liable.
What is Probate and Do I need it? What are the risks if I don't get Probate?
What are Letters of Administration?
Letters of Administration
If a person dies without a Will - which is referred to as ‘Intestate’, or if there is a Will and the Executor appointed in the Will is unable to perform the function of Executor and the Will made no provision for an alternative Executor, then a person, usually a next of kin, needs to be appointed by the Court to be the Administrator of the Estate. You do this by making an application to the Court for Letters of Administration.
When you apply to the Court for Letters of Administration, you are asking to be validated and confirmed as Administrator of the Estate. The effect of Letters of Administration is the same as Probate. You are then able to perform the functions that an Executor would perform. Also, third parties like Banks, Nursing Homes and the ATO will then deal with you and release funds/details to the Estate.
How long does it take to get Probate or Letters of Administration?
If it is a straightforward matter, it can take anywhere between 4-10 weeks depending on how busy the Court is. If the Estate is substantial and there are some complex issues, the process can take longer.
How much does it cost to obtain a Grant of Probate or Letters of Administration?
The total cost for applying for a Grant of Probate or Letters of Administration is just under $4,000.00.
Breakdown of Fees
- Our Professional Fee; from $3000 (inc gst)*
- Filing fee (charged by the Court) - just under $800.
- Advertising fee for the Qld Law Reporter - just under $200.
*If the matter is complex and more time than usual is needed to prepare the Application, our fees may be more. Fees are always discussed in advance of doing work, so there are no surprises.
Hourly Rates of our Wills & Probate Lawyers
Hourly rates may apply if work is outside the scope of the fixed fee (eg. for time taken to administer an estate - or to prepare a complex and detailed testamentary trust will.)
Hourly Rate for a Senior Associate Wills/Estate Lawyer: $450 + gst.
Call Us. We would love to help you.
Flinders Street East,
Townsville Qld 4810
PO Box 1405,
Townsville Qld 4810
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