Australia’s Trusted Probate Lawyers
- ZERO Upfront Costs
- Only Pay Upon Completion
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- Expert Team of Probate Lawyers
- Fast & Easy Process
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Estate Management Made Simple with Our Probate Lawyers by Your Side
Losing someone is hard enough; having to manage paperwork during such trying times can make it even harder. That’s where our probate lawyers at Australian Probate Centre step in to make the application process simple, quick and stress-free for you. As a team of experienced lawyers with in-depth knowledge of the probate and letters of administration processes in Australia, we can streamline your application, helping you secure the approval without any complications
Depending on whether there is a Will or if the person died intestate (without writing a Will), we determine the right path for you. Our dedicated probate lawyers works with the utmost professionalism and empathy, walking you through the entire process to ensure you proceed with complete peace of mind
Members
The Process We Follow
Connect for a Free Consultation
Once you send us an enquiry by completing the form on our website, we will connect with you as soon as possible to discuss and advise you on the process to apply for probate/letters of administration. Based on the details you provide, we determine whether you require a probate or a letters of administration before providing a fixed fee quote.
Send us the Required Information
We initiate the probate application process once you have confirmed that you want us to act for you. The documents we require to start the process include a copy of the death certificate, a copy of the executor’s ID ( driver’s license or passport), a copy of the Will (if there is a Will) and information about the deceased’s assets.
We Draft Your Application
Once we have all the required information at hand, we start drafting your application. We proceed step-by-step and update you at each stage of the process, clearing any doubts you may have as we go to ensure a seamless experience for you.
Lodging Application with the Supreme Court
With all essential documents and your signature in place, we proceed with the submission. The application will be lodged with the Supreme Court, and we shall keep you informed of any progress or updates. Our team always remains one call away throughout the process.
Which One Do You Need – Probate or Letters of Administration?
Probate |
Letters of Administration |
| There is a will | There is no will |
| Application made by executer named in the will | Application made by the family member of next of kin |
| Deceased's assets are distributed according to the will | Deceased's assets are distributed according legislation |
| Consent of family members or beneficiaries is not required | Consent of family members or beneficiaries may be required |
Assisting with Probate & letters of administration Applications Across Australia
What Our Clients Say
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Why Probate and LOA Matter
Applying for probate or letters of administration (LOA) is more than just paperwork, without it a formal grant, banks, superannuation funds, and land titles offices usually do not release assets, leaving the estate in limbo. These grants give legal authority to the executor named in the Will, or to an administrator if there is no Will, to manage and distribute the estate as per the Australian succession law. They also provide protection against disputes by ensuring the process follows the law. Whether it involves transferring property, closing accounts, or accessing superannuation, probate and LOA are vital to securing the rightful distribution of assets. By obtaining the correct grant, you safeguard the estate, the will of the deceased and provide certainty to all beneficiaries.
For more information about Probate and LOA, you can reach out to us anytime, and our team will be happy to guide you through.
Our experienced probate solicitors offer end-to-end advice, assistance and guidance. They take care of all the legal complications on your behalf so that you get to focus on what matters most, supporting each other and honouring the person you’ve lost.
How Our Estate Planning, Administration, and Litigation Lawyers Can Help You
Beyond assisting you with your probate or letters of administration application, there’s a lot that our experts do to ease the entire experience for you –
- Prepare and Review Documents: Ensure affidavits, applications, and asset inventories meet Supreme Court requirements.
- Handle Court Filings: Lodge probate or letters of administration applications correctly, avoiding delays.
- Resolve Estate Disputes: Provide legal guidance if disagreements arise between beneficiaries or executors.
- Advise Executors and Administrators: Clarify duties, responsibilities, and decision-making steps under Australian law.
- Guide Asset Distribution: Support you in transferring property, closing accounts, and finalising the estate efficiently.
Frequently Asked Questions
What is probate?
Probate is the legal process of confirming that a will is valid and giving the executor authority to manage the estate. Once granted by the Supreme Court, it allows the executor to collect assets, pay debts, and distribute the inheritance according to the wishes set out in the will.
What is a letters of administration?
If someone passes away without writing a Will, then you will need a letters of administration to be legally eligible to manage and distribute the assets. In such a case, the court appoints an administrator, usually the closest next of kin to undertake this responsibility. It ensures that the estate is rightfully distributed amongst the beneficiaries as per the Australian succession laws.
What is my role as an executor of an estate?
The role of an executor is to ensure the estate is distributed amongst the beneficiaries as outlined in the Will. To ensure this, they might have to undertake several tasks –
- Apply for probate
- Collect assets
- Pay outstanding debts
- Distribute the assets
Your role is to carry out the wishes of the deceased as outlined in their Will. This includes applying for probate, collecting assets, paying outstanding debts, and distributing the estate. It’s a position of trust, and while the responsibility may feel heavy, probate lawyers can guide you through each step.
How long does it take to finalise an estate?
To finalise an estate, it might take anywhere between six to eight weeks as that’s the basic time that probate or LOA approvals take. But as each estate is different, the exact duration might vary. For instance, if the estate involves complex assets, tax obligations or if any kind of disputes are involved, the duration could be longer. But with our lawyers by your side you will be sure to minimize this duration to the maximum possible extent so you can reach closure sooner.
Do I need a probate law attorney?
You can always apply for probate or a letters of administration on your own but as the process is technical and a mistake can lead to delays or refusal it is always better to seek professional help. A probate lawyer ensures your application meets all court requirements, helps with paperwork, and advises on tricky issues, which means less stress and confidence that everything is being done correctly from the start.
What happens if someone contests the will?
If a will is challenged, it means someone believes they are entitled to more from the estate. This can cause significant delays and stress for families. A probate lawyer can represent you, explain your options, and work toward a resolution, whether through negotiation or court, while protecting the estate’s interests.
Can probate or LOA be refused?
Yes, a probate or letters of administration can be refused but only in specific situations.
Your probate application can be stuck if –
- The paperwork is incomplete
- The Will is unclear, or
- There are doubts about its validity.
With LOA, issues may arise if more than one person is eligible to apply.
That’s why to avoid these hurdles and strengthen your case, it is always recommended to seek expert legal guidance.
What costs are involved in probate and LOA?
Depending on the size of the estate and the court fees in your state, the cost of probate or LOA application will vary. At Australian Probate Centre, our Probate law attorneys offer fixed fees for straightforward matters, so families will know what to expect. With us, you won’t incur any hidden charges, we will brief you of any associated costs at the onset itself, so you can proceed with complete knowledge.