Supporting you through a Deceased Estate.
Managing a Deceased Estate can be complex and emotional, especially if you’re an Executor. We’re here to guide you every step of the way, explaining your responsibilities, lodging the appropriate paperwork, and administering the Estate on your behalf.
How we help our clients
With a Will
If you are named as the Executor of a deceased person's Will, we will help you to locate the Will, secure assets, publish a probate notice, apply for a grant of probate, pay any debts, collect and distribute assets pursuant to the Will.
Without a Will
If you are a family member of a deceased person who died without a Will, we will help you determine who should apply for Letters of Administration and assist that person to make the appropriate application, collect assets, pay debts, and distribute the Estate pursuant to the laws of intestacy.
I’m an Executor, what now?
Being named as Executor can feel overwhelming. You’re responsible for carrying out the wishes of the deceased person, communicating with beneficiaries and handling important legal and financial matters.
Here’s what the role usually involves:
Locating the Will: Find the most recent valid Will.
Apply for Probate: If required, apply to the Supreme Court to confirm your authority.
Collect & protect assets: Gather property, bank accounts, superannuation, and other assets. Ensure property is secured and insured.
Pay debts: Settle funeral costs, taxes, and other outstanding debts.
Distribute the Estate: Transfer assets to beneficiaries according to the Will.
Keep records: Maintain clear records of all actions and transactions.
Being an Executor is a serious responsibility, and it’s okay to seek professional advice. Our team can act on your behalf, make sure nothing is missed, and ease the burden during a difficult time.
What if there’s no Executor?
If there’s no Executor named in the Will, or the Executor can’t take on the role, you can ask the Court to appoint you as an Administrator of the Estate. The Administrator’s job is much like an Executor’s, with a few key differences.
What does an Administrator do?
Locate the Will (if any): Confirm whether there is a valid Will to follow.
Apply for Letters of Administration: Apply to the Supreme Court to be officially appointed as Administrator.
Collect & protect assets: Gather property, bank accounts, superannuation, and other assets. Ensure property is secured and insured.
Pay debts: Cover funeral costs, taxes, and outstanding liabilities.
Distribute the Estate: Share the assets according to the law (if there is no Will, distribution follows the rules of intestacy).
Keep records: Maintain accurate records of all decisions and transactions.
Managing an Estate without a Will can be complex. We’ll prepare the application and manage the Estate on your behalf, following your instructions.
Key steps in managing a Deceased Estate
Managing a deceased Estate can be complex, but you don’t have to do it alone. Our experienced team handles every stage, seeking your instructions, updating you at each key step, and providing advice along the way. We ensure you understand your role, meet your legal obligations, and feel confident throughout the process.
We meet with you to explain your responsibilities as an Executor or Administrator, answer your questions, and outline the legal process ahead. We’ll ensure you understand your legal obligations and the steps that we will take for you.
If required, we prepare and lodge the paperwork for Probate (if there is a Will and probate is required) or Letters of Administration (if there is no Will) with the Supreme Court, taking care of all court requirements.
We’ll identify, value, and collect the deceased’s assets, including property, bank accounts, superannuation, and investments, and gather all relevant documents.
We settle liabilities correctly, including funeral costs, taxes, loans, and other debts, ensuring all obligations are met and nothing is overlooked.
Once debts are paid, we distribute the estate to beneficiaries, following the Will if there is one, or intestacy laws if there isn’t. We also provide advice and representation if disputes arise among beneficiaries or if someone left out of the Will makes a claim for provision.
Throughout the process, we provide practical advice, keep detailed records, and ensure you meet your legal obligations as Executor or Administrator, helping reduce the risk of personal liability. Our goal is to make the process as smooth and stress-free as possible, so you can focus on what matters most during this difficult time.
" Thank you for all your help in dealing with Mark's estate. As you can imagine, this has been a difficult and painful process for myself and my family to go through. Thank you for your professionalism and understanding. You have guided us through the whole process perfectly and made it a little easier for us to deal with it.
Once again, please accept our heartfelt thanks."
- Margaret
Our fees
We understand that cost is an important consideration when managing a Deceased Estate. Our services are charged at an hourly rate, so the Estate only pays for the time actually spent on your matter.
How our billing works:
Initial appointment: We charge $220 (including GST) for a 30 minute appointment to meet with you, understand your situation and provide your with advice and guidance as to your obligations. If you instruct us to proceed beyond this initial appointment, we charge an hourly rate (see below).
Hourly rate: Our lawyers charge at an agreed hourly rate, which we will outline for you before opening a file and starting work.
Tailored to your needs: The total cost payable by the Estate will vary depending on the size and complexity of the Estate, the number of assets, and whether probate or court applications are required.
Transparent invoicing: You’ll receive updates, so you always know what work has been done and what costs have been incurred. Fees are charged to the Estate at the point of interim or final distribution so you as Executor don't need to be out-of-pocket for legal fees.
Control & flexibility: We keep you informed at every step, so there are no surprises and you remain in control of how much assistance you’d like us to provide.
Typical costs: While every estate is different, straightforward probate applications may take only a few hours of work. More complex estates, involving multiple assets, disputes, or intestacy, may require additional time and therefore higher fees. On average, matters requiring a grant of probate will incur legal fees and disbursements of between $3,000 - $5,000. Once we've met with you, we’ll give you an personalised estimate based on your situation.
FAQs: Your questions answered
Yes. Grainger Legal can act as your Executor, managing your estate on your behalf and ensuring your wishes are carried out.
If the deceased did not leave a Will, the estate will be distributed according to intestacy laws. The court may appoint an Administrator to manage the estate.
Not all Estates require Probate. It depends on the value and type of assets involved. For example, small estates or jointly owned assets may not need Probate.
Yes, you can renounce your role as Executor if you feel unable to manage the responsibilities. The court will appoint someone else to administer the Estate.
Disputes can arise over the interpretation of the Will or the distribution of assets, or even whether the Will is legally valid. Legal advice can help resolve these issues and ensure the Estate is managed fairly. See our Estate Disputes page for more information about the making of Family Provision Claims.
The timeline varies depending on the complexity of the Estate. Simple Estates may be finalised within a few months, while complex Estates can take over a year. In Victoria, there is no fixed statutory period within which an Executor or Administrator must complete an Estate administration. In practice, however, we refer to an 'Executor’s year', which is a general expectation that an Estate will be substantially administered and ready for distribution within about 12 months from the date of death, absent complicating factors.
