What Executors Wish They’d Asked Their Probate Lawyer First
Many executors are not sure what to ask their probate lawyer, especially when they take on the role while grieving. It is natural to assume the lawyer will handle everything, but that is not always the case.
A probate lawyer prepares and lodges the court application, but you may still need to organise documents, such as the death certificate, and locate the original will. At Securator Legal, we help Queensland executors with fixed-fee probate applications. One common issue we see is executors starting the legal process without first understanding what it involves.
So in this article, we will cover the questions worth asking about timelines, costs, and responsibilities. First, though, let us look at how long estate administration could realistically take.
Grant of Probate and Estate Administration: What Will Actually Happen?
A grant of probate confirms your authority to act. But administering the full estate is a much longer process, and it comes with its own set of complications. Here is what to ask so you know what to expect.
How Long the Probate Timeline Really Takes
Receiving the grant of probate and completing the estate administration are two separate steps. In Queensland, the time it takes the Supreme Court to issue a grant of probate is measured from when the application is filed, and processing times can vary. The executor must then complete the remaining estate administration tasks before distributing the assets.
Several issues can delay the process further. Missing documents, slow responses from financial institutions, and disagreements over asset values can all hold things up. Plus, if the deceased left no valid will, you may need to apply for letters of administration instead of probate. This involves a separate application with different requirements.
Since several factors can affect the timeline, ask your probate lawyer for a list of expected milestones rather than a single completion date. This will give you a clearer idea of what needs to happen at each stage and help you track progress along the way.
Which Documents and Estate Assets You Need to Gather
Before filing for probate, you need to gather the required documents and details about the deceased’s assets. These usually include the following five things:
- The death certificate
- The original will
- Information about bank accounts
- Insurance policies
- Business interests
However, not every asset forms part of the estate. Superannuation death benefits, for example, may be paid at the fund trustee’s discretion without going through probate. Property held as joint tenants also passes automatically to the surviving owner.
Because some assets sit outside the estate, ask your lawyer to confirm which ones need probate and who will contact each asset holder.
What to Expect After You Apply for Probate
The grant gives you legal authority to manage the estate, but there are still several tasks to complete. You must pay funeral expenses, settle debts, and deal with any outstanding tax obligations before distributing the remaining assets.
Before making payments to beneficiaries, you also need to allow time for potential family provision claims. Under Queensland’s Succession Act 1981, an eligible person must give written notice of a claim within six months of the date of death and file the application within nine months. The court may allow an application outside this period in certain circumstances.
Section 44 provides some protection for executors who distribute the estate after these periods. If the executor has received no written notice of an intended claim, this protection generally applies to proper distributions made at least six months after the death.
But if the executor has received notice of an intended claim, the protection generally applies to proper distributions made at least nine months after the date of death. The executor must also have no written notice that court proceedings have started and must not have been served with the application.
These periods do not mean every executor must wait nine months before distributing the estate, but distributing earlier may leave them exposed to personal liability.
Executor Advice Queensland: Who Does What, What Does It Cost and Who Keeps Me Updated?
Hiring a probate lawyer does not hand over your responsibilities as executor. You still carry legal obligations, and the line between your job and theirs can get blurry quickly. Below are the questions that help you draw it clearly from day one.
Your Responsibilities Versus Your Lawyer’s
Your probate lawyer prepares court documents and provides legal advice, but you remain responsible for managing the estate. That includes when to sell assets, how to manage distributions, and how to communicate with beneficiaries.
These responsibilities carry legal risks if you make the wrong decisions. For example, failing to pay debts or distributing assets too early could leave you liable under sections 52 to 54 of the Succession Act 1981.
The process can become even more difficult when several executors are involved. In Queensland, co-executors must generally act jointly. So disagreements can delay estate administration.
It is also worth asking your lawyer early about interstate issues. If the deceased person held assets in another state (like a bank account or property in New South Wales), your Queensland grant of probate may not be enough on its own. You might then need to apply for a reseal through the NSW Supreme Court, or deal with bodies like the NSW Trustee and Guardian. Queensland legal advice does not automatically cover those requirements.
So before you begin, ask your lawyer for a written list of their responsibilities, the tasks you must handle, and any decisions that require legal advice. This will help you understand your obligations and avoid costly mistakes.
What the Fees Cover and What Could Cost Extra
Before your probate lawyer starts work, make sure you understand their fees and what those fees cover. Some lawyers charge a fixed fee for the probate application, while others bill by the hour. Court filing fees, property valuations, and search costs may also be charged separately.
The final bill can increase if complications arise during estate administration. Disputes between beneficiaries, family provision claims, and complex assets such as family trust interests or business holdings may require extra legal work. For example, a family trust may need separate legal and accounting advice to determine which assets, if any, belong to the deceased’s estate.
We recommend asking your lawyer upfront what their fee includes and how they will handle additional costs. Find out how they will notify you about extra work and whether they need your approval before charging for it.
How Your Lawyer Will Keep You and the Beneficiaries Informed
One of the hardest parts of being an executor is waiting for updates while family members keep asking about their entitlements. That pressure builds quickly, especially when there are will disputes or unresolved tension between co-executors.
The best time to sort out communication is right at the start. Agree with your lawyer on who will provide updates, how often they will be sent, and whether you will communicate by phone, email, or both. Fortnightly or monthly updates may suit many estates, depending on how quickly the administration progresses.
Your lawyer can also advise you on what information to share with beneficiaries and when to share it. Under Queensland law, executors should inform beneficiaries of their entitlements as early as reasonably practicable. However, if someone may still make a family provision claim, your lawyer may recommend delaying the release of certain details until the risk has been assessed.
Understand Your Responsibilities as a First-Time Executor
You do not need to be a legal expert to be an executor. But you do need to know what you are responsible for and where your probate lawyer fits in.
Before your first meeting, write your questions down. Focus on the main areas that catch most first-time executors off guard:
- How long will the probate process realistically take?
- Who handles what, and which decisions need legal advice first?
- What do the legal fees cover, and what could cost extra?
- How often will I get updates, and what should I tell beneficiaries?
If any answer does not make sense, ask for a simpler explanation. There is nothing wrong with that, especially when you could be liable for how the estate is managed.
We know that administering a deceased estate while grieving and managing family expectations is not easy. So at Securator Legal, we offer free phone consultations for Queensland executors who want clear answers before any legal work begins. If you have questions about probate, estate administration, or your duties as executor, our team is here to help.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Every individual’s circumstances are unique, and the information provided may not apply to your specific situation. Securator Legal does not accept responsibility for any loss, cost, or damage incurred as a result of reliance on the material in this article. For tailored advice, we strongly recommend consulting a qualified legal professional before making any decisions regarding wills or estate planning.
