- Level 5, Evandale Place, 142 Bundall Road, Bundall, QLD, Australia
Estate Administration
Estate Administration Lawyer Queensland
Our estate administration lawyers at QBM Lawyers advise on all aspects of estate administration in Queensland, including the different processes that may apply depending on the circumstances.
1. Estate Administration Without Probate
One of the more common forms of estate administration arises where a person has left a valid will, the executor is willing and able to act, and the estate assets do not require a grant of probate.
In some cases, asset holders may release funds without probate, particularly where asset values are modest. However, many institutions require a grant of probate before releasing assets, especially for larger bank accounts or other financial holdings.
Where probate is not obtained, asset holders may impose additional requirements before releasing assets. In some situations, it may be more efficient to obtain probate, particularly where there are multiple assets or institutions involved.
2. Will with Probate
Another common form of estate administration arises where the executor named in the will is able to act, but a grant of probate is required.
An application for probate is made to the Supreme Court of Queensland. Probate confirms the validity of the will and authorises the executor to administer the estate.
Obtaining probate allows the executor to deal with the estate’s assets, as financial institutions and other asset holders will generally require a grant before releasing funds.
3. Letters of Administration with the Will Annexed
Where there is a valid will but the appointed executor is unable or unwilling to act, a grant of letters of administration with the will annexed is required.
This application is made to the Supreme Court of Queensland and is similar to a probate application. However, it requires evidence explaining why the executor cannot act and the appointment of a replacement administrator.
Once granted, the administrator manages the estate in accordance with the terms of the will.
Where all substantial assets are held jointly and pass by survivorship, and there is no anticipated dispute, estate administration may proceed without the need for probate.
Letters of Administration on Intestacy
Where a person dies without a valid will, it is generally necessary to apply to the Supreme Court of Queensland for a grant of letters of administration on intestacy. An administrator is appointed, often based on the relationship to the deceased, such as a spouse or next of kin. The estate is then distributed in accordance with the rules set out in the Succession Act 1981 (Qld).Contact Us for an Estate Administration Lawyer
For advice on estate administration in Queensland, please contact Peter Muller on 07 5574 0575 or peterm@qbmlaw.com.au, or Megan Hanneman at meganh@qbmlaw.com.au.
QBM Lawyers provide clear, practical guidance to assist in administering estates and managing associated legal requirements.
Wills and Estates Areas Of Practice
Need Help Administering an Estate? Talk to Queensland Estate Lawyers Today
QBM Lawyers advises executors and administrators across all aspects of estate administration, from probate applications through to final distribution of assets.
(07) 5574 0111 | admin@qbmlaw.com.au | Mon – Fri, 08:30 – 17:00
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Frequently Asked Questions
Estate administration is the process of managing and distributing a deceased person’s assets, paying liabilities and ensuring the estate is dealt with in accordance with the will or applicable laws.
Probate is a grant issued by the Supreme Court confirming the validity of a will and the authority of the executor to administer the estate.
No, some estates can be administered without probate, particularly where asset values are modest or assets are held jointly. However, many financial institutions require probate before releasing assets.
If a person dies without a valid will, an application for letters of administration is generally required, and the estate is distributed according to the Succession Act 1981 (Qld).
Letters of administration are court orders appointing a person to administer an estate where there is no valid executor able to act, or where there is no valid will.
Frequently Asked Questions
Estate administration is the process of managing and distributing a deceased person’s assets, paying liabilities and ensuring the estate is dealt with in accordance with the will or
applicable laws.
Probate is a grant issued by the Supreme Court confirming the validity of a will and the authority of the executor to administer the estate.
No, some estates can be administered without probate, particularly where asset values are modest or assets are held jointly. However, many financial institutions require probate before
releasing assets.
If a person dies without a valid will, an application for letters of administration is generally required, and the estate is distributed according to the Succession Act 1981 (Qld).
Letters of administration are court orders appointing a person to administer an estate where there is no valid executor able to act, or where there is no valid will.
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©2024 QBM Lawyers. All Rights Reserved
For over 40 years, QBM Lawyers has delivered effective legal solutions for clients across the Gold Coast.
We understand our clients’ goals, recognise the challenges they face, and provide clear, practical advice to support their commercial objectives.
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- +61 755 74 2600
- PO Box 6344, Gold Coast Mail Centre, Bundall QLD 9726
- Level 5, Evandale Place, 142 Bundall Road, Bundall, QLD, Australia
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- Building and Construction Litigation
- Gold Coast Building Lawyers
- Excluded Individual/Licence Cancellation
Liability limited by a scheme approved under Professional Standards Legislation.
©2024 QBM Lawyers. All Rights Reserved
- Building and Construction Litigation
- Gold Coast Building Lawyers
- Excluded Individual/Licence Cancellation
Liability limited by a scheme approved under Professional Standards Legislation.
©2024 QBM Lawyers. All Rights Reserved