Probate Solicitor Or Letters Of Administration​

If you’re in NSW, we have the best probate solicitors in Sydney. Our lawyers are highly experienced and skilled in all wills and probate matters. If you’re outside of NSW, you will need a local firm to assist you, as there are different probate laws in different jurisdictions.

Toggle ContentLawpoint has extensive experience in all areas of wills and estate planning, probate applications and letters of administration– including highly complex ones. If you are you in NSW and have a need for a wills and probate solicitor, contact Lawpoint and one of our expert probate solicitors will assist you.

We are often asked “do I need a solicitor for probate?” – and the simple answer is, yes. But it is a complicated process with technical legal requirements. If they’re not met – the probate application can be refused or requisitioned, which means further time and effort spent in an attempt to meet the Court’s requirements before granting probate.

There are also some instances where probate is not required at all – but your best starting point is to contact Lawpoint and get some guidance from one of our probate solicitors.

Usually, the executor will apply for probate of a deceased’s estate. An executor is the person named in the will as the person who will carry out the directions contained in the will. This will include applying for probate and once it is granted, collecting assets, paying debts, converting property to cash and making final distributions to beneficiaries. It can also include instructing accountants to prepare outstanding tax returns or estate returns and other administrative tasks.

If the deceased did not leave a will, the deceased’s next of kin may need to apply for letters of administration, which is similar to probate but only applies where there is no will. The documents needed to apply also differ to a probate application.

If you are unsure if your loved one left a will, an experienced solicitor will make enquiries to try and locate the will for you. These enquiries are made with other solicitors, with the NSW Trustee and Guardian and may also be made with banks or other organisations with whom original wills are sometimes stored.

You will also need the original of the official death certificate issued by the NSW Registry of Births, Deaths and Marriages. Each of these documents will need to be presented to the Court together with other documents such as an Affidavit in order to prove the will and obtain probate of an estate.

If you have a grant of probate from another state, you cannot use that grant to administer the deceased assets in NSW. You will instead need to apply for what is known as a reseal of probate before you can deal with the deceased assets in NSW.

Solicitors fees for probate in NSW or letters of administration are fixed Schedule 3 of the Legal Profession Uniform Law Application Regulations 2015. The legal fees are calculated based on a sliding scale, with fees increasing in line with the higher value of the estate. This is because the larger and more valuable the estate, the more work that is required to obtain probate or letters of administration. Similarly, the filing fee for a probate application for letters of administration is determined by reference to the value of the estate. The current filing fees can be found here.

In effect, what this means is any solicitor in NSW that does your probate, will charge you the same fee. What you need to look for is someone experienced, who can communicate clearly so that you understand the process and someone who can prepare and lodge your probate application accurately to ensure it is granted in a timely way.

It is important to note that the Regulation only relates to legal fees. Solicitors costs for probate are not included. These are disbursements incurred such as the fees for advertising the intent to apply for probate. Once probate is granted, additional legal fees will be incurred to administer the estate which will include collecting assets, paying debts, selling or otherwise dealing with property and making a final distribution to beneficiaries. You should ensure that these additional costs are clearly disclosed to you up front.

This varies greatly, depending on the size, value and nature of the estate. It can also depend on how easily you are able to locate all of the beneficiaries. Where beneficiaries reside overseas, this can take longer to finalise.

Administration of the estate can also be delayed if there are properties that need to be sold as it is difficult to estimate how long it will take to sell property at a fair market value. Property transactions including marketing campaigns and settlement periods usually take about 3 months.