Frequently asked questions
An executor is the person or persons appointed in a Will to administer the estate. If you are the executor, this means you must apply for probate and are in charge of collecting and distributing the assets of the deceased person after any debts have been paid.
A Grant of Probate permits the executor to collect and distribute the assets of a deceased person in accordance with their Will.
What types of assets are subject to a grant?
If a house or land is held in the deceased’s name only, you will need a Grant of Probate to sell or transfer the property. In most cases you will require a Grant of Probate to collect substantial bank savings or shareholdings.
A Will is required to apply for a Grant of Probate. If there is no Will and you are the person entitled to the estate on intestacy, you will have to apply for a Grant of Letters of Administration to be appointed as the administrator of the estate. There is no need to apply for a Grant of Probate.
If the estate includes assets in bank accounts, shares, property or superannuation which require probate to be released, these assets cannot be called into the estate and distributed until a Grant of Probate is obtained.
It is generally expected that an executor will start the probate application process within 3 months of the date of death.
The administration of the estate should be completed within 12 months from the date of death.
A Grant of Probate can be obtained in around six weeks from the time you submit your application and provide us with necessary documents.
The legal costs of obtaining probate are payable from the deceased’s estate.
We do not ask for payment upfront. You will be provided with our invoice when probate is granted.
Contact us by phone, email or online. Our probate team are ready to help you.
The checklist on this page will help you get started, and our expert team can help you with everything else you’ll need to apply for a Grant of Probate.
Our team will complete your application for a Grant of Probate, and the other necessary tasks to manage the estate.
Once probate is granted, our expert lawyers can also help with distributing the estate. Payment will also be made out of the estate.
