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Aurex Law
Practice area

Probate and estate administration

Probate is the Supreme Court registry confirming that the will in front of it is the last valid one, and that the executor named in it may act. Getting the grant is the short part. Administering the estate afterwards is the twelve months nobody warns you about.

5.0 from 130+ reviews
Fee
from $2,750
Timing
Six to twelve weeks to the grant
First call
Free, fifteen minutes
What it covers

The work that sits under this heading.

  • Applications for a grant of probate
  • Letters of administration where there is no will
  • Advertising the intention to apply, and the statutory waiting period
  • Collecting assets, closing accounts and transferring title
  • Estate tax returns and the date-of-death position
  • Distribution, and the six-month period before it is safe
How it runs

From the first call to the signature.

  1. 01

    We read the will and list the estate

    Before anything is filed we establish what is in the estate and what is not. Jointly held property and superannuation usually sit outside it, and that changes whether a grant is even needed.

  2. 02

    Advertise, then file

    The intention to apply is advertised on the Supreme Court website, and a statutory period runs before the application can be filed. We prepare the affidavit and the inventory of assets and liabilities.

  3. 03

    The registry considers it

    Six to twelve weeks is normal. Requisitions — the registry asking for something more — are common and not a sign anything has gone wrong. We answer them.

  4. 04

    Administer, then distribute

    Accounts are closed, assets transferred, debts and tax paid, and the estate accounts reconciled. Distribution is safest after six months from the grant, and we will explain exactly why.

What you receive

Everything in the fee.

  • The grant application, affidavit and full asset inventory
  • All correspondence with banks, funds and the registry
  • A written schedule of what happens next, and when
  • Estate accounts you can hand to a beneficiary without embarrassment
  • A named solicitor who answers the phone for the whole twelve months
Common questions

  • No. If everything was held jointly, or the estate is small, banks will often release funds without a grant. We tell you at the first call whether you need one, and we say so even though the answer sometimes costs us the work.

  • Four, usually: the Supreme Court filing fee, which is scaled to the value of the estate; the advertising fee; title searches and certificates; and any accountant’s fee for the final tax return. All itemised before we start.

  • Six to twelve weeks to the grant, then six to twelve months to administer a straightforward estate. A contested estate, an overseas asset, or a business in the estate will take longer, and we will say so early rather than late.

  • You do not have to take it. You can renounce before you intermeddle in the estate, and the next named executor steps up. Talk to us before you sign anything.

Other areas

The rest of the practice.

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