Please reach us at info@applawyers.com.au if you cannot find an answer to your question.
Probate is a legal process where the Supreme Court confirms that a person’s Will is valid and that the executor named in the Will is legally authorised to manage and distribute the estate. This includes collecting bank accounts, selling or transferring property, and paying debts. A grant of probate is often required before banks, superannuation funds, and the Land Titles Office will release funds or transfer ownership. We offer probate services across Australia, including Victoria, New South Wales, Queensland, Western Australia, Tasmania, Northern Territory, and ACT.
To apply for probate, you must complete a probate application form, publish a notice with the relevant Court (such as the Supreme Court of Victoria or Supreme Court of NSW), and prepare supporting documents including the death certificate and original Will. The process can be confusing, but we handle it for you from start to finish. Our probate lawyers in Victoria, NSW, QLD, WA, and other states prepare and lodge your application quickly and efficiently.
Yes. If the deceased owned property in their sole name or as tenants in common, the probate process is required before the title can be transferred or sold. The Land Titles Office, real estate agents, and conveyancers will ask for a grant of probate or letters of administration before proceeding with a sale. If you're unsure whether probate is needed to sell a deceased estate property, our team can advise you.
The total timeframe to obtain a Grant of Probate in Australia can vary depending on your state and the Supreme Court’s workload, but generally, the process takes 6 to 10 weeks from start to finish.
In most states and territories (including Victoria, New South Wales, Queensland, Western Australia, and ACT), the first step is to publish a notice of intention to apply for probate — often called a probate advertisement or online notice.
This notice must be published on the relevant Court website for at least 14 days before you can lodge your formal probate application.
Once the probate application is filed with the Court, it usually takes about 4 to 8 weeks for the Grant of Probate to be issued — provided that:
If the Court raises any questions (called requisitions), or if any documents need to be corrected, the process may take longer.
To avoid delays, we prepare and review all documents thoroughly before filing and respond quickly to any Court requests. Our team handles the entire probate process on your behalf — including preparing the affidavit of executor, publishing the advertisement, and lodging the application with the Supreme Court.
We provide probate services across Australia, including Victoria, NSW, QLD, WA, TAS, ACT, and NT, and offer fixed-fee pricing so you know the cost upfront.
Our law firm offers fixed-fee probate services to give you certainty and transparency. The cost of probate varies depending on the state you're in. You will also need to pay court filing fees, which vary by state. We’ll give you a full written quote before starting.
When applying for a Grant of Probate or Letters of Administration, you’ll need to pay Court filing fees to the Supreme Court in your state or territory. These probate Court fees are separate from any legal or service fees charged by your lawyer.
The Court fees vary depending on:
We’ll always check and confirm the correct probate application fee or letters of administration Court fee when preparing your documents.
We offer fixed-fee legal services, and will clearly explain all costs upfront — including Court fees, advertising costs, and disbursements — so there are no surprises.
State time limits for applying for probate:
If you do not apply within the required timeframe, the Court will require a written explanation for the delay, and you risk complications such as:
To avoid these risks, it’s best to seek legal advice early. Our firm helps clients across Victoria, NSW, QLD, ACT, WA, and Tasmania apply for probate quickly and efficiently.
We offer fixed-fee probate services, prepare all required court forms, and lodge the application on your behalf — giving you peace of mind and helping you meet the legal deadlines.
Please reach us at info@applawyers.com.au if you cannot find an answer to your question.
Letters of administration is a legal document issued by the Supreme Court when a person dies without a valid Will. It gives a close family member (such as a spouse or child) the legal authority to manage and distribute the deceased person’s estate. If there is no Will, you cannot apply for probate — instead, you must apply for letters of administration. Our firm can prepare your application and lodge it with the Supreme Court in your state.
If someone dies without a valid Will, they are said to have died intestate, and a Grant of Letters of Administration is needed to legally manage and distribute their estate.
The law in the state or territory where the person passed away (and held assets) will determine who can apply for Letters of Administration, and who will inherit the estate. These laws are known as the rules of intestacy, and they vary slightly across Victoria, New South Wales, Queensland, Western Australia, Tasmania, ACT, and NT.
The person who applies for the Grant of Administration is usually the deceased's next of kin — that is, the closest living relative.
The Court will generally consider applicants in the following order of priority:
The applicant must also show they are suitable to administer the estate — meaning they are over 18, not bankrupt, and willing to take on the legal responsibilities.
If multiple people have equal entitlement (e.g. two children), they can apply together or agree for one person to act on behalf of the others.
Our firm assists clients Australia-wide in applying for Letters of Administration, including gathering documents, preparing affidavits, and lodging the application with the Supreme Court in your state. We offer fixed-fee legal services with no hidden costs.
Probate is granted when there is a valid Will and an executor has been named. Letters of administration is granted when there is no Will or when the named executor cannot act. Both processes give legal authority to manage a deceased estate, but the difference lies in whether a Will exists. We assist clients across Australia with both probate and letters of administration matters.
You will need:
The process usually takes 6 to 10 weeks from when the application is lodged, depending on the Supreme Court in your state. Delays can occur if documents are missing or there is a family dispute. We help you avoid delays by preparing everything upfront.
Intestacy is the legal term for dying without a valid Will. In these cases, the estate is distributed under the rules of intestacy set out by your state’s succession laws. These rules determine which family members inherit and in what proportion.
Please reach us at info@applawyers.com.au if you cannot find an answer to your question.
A Will is a legal document that outlines how you want your assets to be distributed after your death. It names one or more executors who are responsible for carrying out your wishes and managing your estate. Making a valid Will ensures that your property, money, superannuation, and personal items go to the people or charities you choose. Without a Will, your estate will be handled under intestacy laws, and this could result in delays, legal costs, and unwanted outcomes.
Having a valid Will gives you control over what happens to your assets after you die. It also reduces stress and confusion for your family. Without a Will, your estate may be distributed by the Court under intestacy rules — which may not reflect your personal wishes. A Will also lets you appoint guardians for your children, leave specific gifts, and even set funeral preferences. If you want peace of mind, our lawyers can help you make a Will quickly and affordably.
Your executor is the person or people responsible for managing your estate. This includes applying for probate, collecting assets, paying debts, and distributing the estate according to your Will. You can appoint a trusted family member, friend, or a professional like your lawyer. You should choose someone responsible, organised, and willing to take on legal duties. We can help you decide and include this in your Will.
You should review and update your Will after major life events, such as:
If you pass away without a valid Will, you are said to have died intestate. This means your estate will be divided under state intestacy laws, which follow a strict formula based on your surviving relatives. In this case, a family member will need to apply for letters of administration, not probate. You lose the ability to choose who inherits what. To avoid these problems, we recommend preparing a Will through our estate lawyers.
We offer affordable, fixed-fee Wills, starting from $300. This includes a consultation with a lawyer, drafting the Will, and ensuring it complies with state laws. We can also bundle your Will with powers of attorney, depending on your needs.
Please reach us at info@applawyers.com.au if you cannot find an answer to your question.
A power of attorney is a legal document that lets you appoint someone (your “attorney”) to make decisions on your behalf. This can include financial decisions, signing documents, managing property, and paying bills. Powers of attorney are often used if you are unwell, overseas, or lose mental capacity.
An enduring power of attorney continues to operate even after you lose capacity. It lets you appoint someone to manage your financial and legal matters, such as accessing bank accounts, paying for care, or managing real estate. This is different from a general power of attorney, which ends if you lose capacity. We can help you prepare an enduring power of attorney that protects your interests and complies with your state laws.
A medical power of attorney (also called an appointment of medical decision-maker in Victoria) allows someone to make medical and healthcare decisions for you if you are unable to decide for yourself. This includes treatment, medication, surgery, and end-of-life decisions. Our lawyers can prepare this document together with your Will and other estate planning tools.
You should appoint someone you trust to act in your best interests. This could be a spouse, adult child, sibling, or close friend. You can also appoint a lawyer or professional attorney. We help you structure your power of attorney correctly, including setting conditions and appointing backups.
Yes, you can appoint multiple attorneys to act jointly, separately, or in succession. This gives flexibility in case your primary attorney is unavailable. We will explain your options and help you document them properly.
While you can complete a basic form yourself, errors in execution or unclear wording can make it invalid. A lawyer ensures your power of attorney is valid, binding, and state-compliant. We offer fixed-fee powers of attorney, often bundled with Wills.
Yes. As long as you still have decision-making capacity, you can revoke or change your power of attorney at any time. This can be done by signing a revocation form and notifying your attorney and relevant institutions.
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