Probate

Navigating the process of obtaining probate can be overwhelming and challenging, especially while grieving the loss of a loved one. Our experienced team is here to guide you through the probate process, and if required, to assist with administering your loved one’s estate and wishes in their will.

Estate Administration Services

A Will does not always allow you to deal with someone’s assets immediately after they die, and it is often necessary for the executor to obtain a grant of Probate, which requires an application to the Supreme Court and lodgment of the original Will at the Probate Registry. Our experienced team at FJS Lawyers recognises how overwhelming this process can be, we are here to help.

If you are named as Executor in a Will, you should seek legal advice as to your role and responsibilities. These include protecting and maximising the estate assets, obtaining a grant of probate and distributing the estate in accordance with the will.

In most cases, you will need to apply for Probate, however, there are some circumstances when Probate may not be required, and it is always a good idea to seek legal advice.

Probate involves an application to the Supreme Court with the Original Will, Death Certificate, estate assets and liabilities and verification of identity of the Executor(s).

When Probate is granted, the Executor has the legal authority to manage and distribute the estate in accordance with the Will.

How FJS can assist during Probate

At FJS Lawyers, we regularly offer our support and guidance to the executor(s) and assist them to obtain a grant of Probate, however, you can make an application for a grant of Probate without a solicitor.

We offer a 30-minute free first appointment to provide you with preliminary guidance, review the Will and confirm fees, which we often can defer until you have access to the estate funds.

Probate is not always required

You may not need to apply for Probate if the deceased owned assets jointly with another person, but it is always best to obtain legal advice.

For joint bank accounts, the account will pass directly to the surviving joint owner and Probate will not be needed.

For accounts in the sole name of the deceased (where there are no other assets requiring probate) the financial institution will tell you if the balance in the deceased’s account is under the threshold which requires Probate. This amount can vary between banks and credit unions.

For jointly owned property (i.e. a house), whether Probate is required will depend upon the type of joint ownership of the property and it may be necessary to obtain a Certificate of Title for the property to confirm how the property is owned (joint tenants or tenants in common).

If you are unsure if Probate is required or need help with the process, contact FJS Lawyers today for a
30-minute free first appointment to review the Will and estate assets. We will advise you and provide an estimate of costs.  We will usually defer payment of our fees until you have access to the estate funds.

FJS Lawyers has extensive experience with Probate applications, and we are here to guide and support you throughout the process – reach out to our friendly team.

Frequently Asked Questions

What Is Probate?

A grant of Probate is a legal document issued by the Probate Registry, which enables the executors in the will to formally administer the estate of the deceased by collecting and distributing assets and paying estate debts.

The application for a grant of Probate is completed online. The application includes details of the estate assets and liabilities, the death certificate and the will.

Probate is not always required – it depends on the type, size and value of the assets. The ownership of joint bank accounts and property (held as joint tenants) will pass to the surviving co-owner.

Beneficiaries/dependents can often claim superannuation and be paid directly, without the funds forming part of the estate or requiring probate.

Yes, you can contest a Will after Probate has been granted, but you must make an application within six months from the time when Probate was issued. The time limited may be extended in very limited circumstances, but you should not rely on an extension. You should obtain legal advice as soon as possible.

The filing fee required to be paid to the Supreme Court when applying for a grant of Probate depends on the value of the estate assets.  The current fees are:

  • $987 for a deceased’s estate $200,000 or less
  • $1974 for a deceased’s estate between $200,000-$500,000
  • $2628 for a deceased’s estate between $500,000-$1,000,000
  • $3945 for a deceased’s estate above $1,000,000.

The legal fees to prepare a probate application vary and are additional to the Court filing fees. At FJS Lawyers, we often defer payment of fees until you have access to the estate funds.

The executor is personally liable and there are significant risks if they distribute the estate ‘early’ (i.e. within 6 months from the date Probate is granted). It is important for executors to obtain legal advice and consider the potential risks before agreeing to an early distribution.