Our Estate Administration lawyer at QBM Lawyers specialize deal with four main kinds of estate administration in Queensland.
Firstly, the most common form of estate administration our lawyers encounter is when a person has left a Will. In addition, the executor is willing and able to act, and the estate assets don’t require probate.
Though, many assets require probate before they can be released. For example, substantial bank accounts or other financial assets. If asset holders don’t need a grant of probate, the executor can often administer the estate without incurring the expense of obtaining one.
However, if probate isn’t granted, asset holders may have stricter requirements for releasing assets. In such cases, it can be more cost-effective to obtain probate, especially with multiple assets.
Finally, when all substantial assets are held in joint names and there’s no risk of litigation, estate administration can often proceed without a grant of probate.
Thirdly, when there is a valid Will but the executor cannot or will not act, a grant of letters of administration with the Will annexed is needed. This is also obtained from the Supreme Court of Queensland.
When applying for a grant of letters of administration with the Will annexed is similar to applying for probate. However, you must prove why the executor cannot act and confirm the new executor’s appointment.
Once the letters of administration are issued, the estate is administered according to the Will’s terms, just as it would be with probate.
Lastly, when there is no Will (except for very small estates), it’s usually necessary to apply to the Supreme Court for a grant of letters of administration in intestacy. The executor is often chosen based on whether the deceased has a surviving spouse. The estate is then distributed according to Schedule 2 of the Queensland Succession Act 1981.
For expert guidance on estate administration in Queensland, contact;
Peter Muller on 07 5574 0575 or peterm@qbmlaw.com.au
Megan Hanneman at meganh@qbmlaw.com.au
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