Estate Administration

Supporting Executors & Administrators Through Every Stage

When someone you love passes away, managing their estate can feel overwhelming, particularly when you are grieving. As an executor or administrator, you carry a significant legal responsibility to collect assets, pay debts, and distribute the estate in accordance with the deceased’s wishes or Queensland intestacy laws.

At Millar Trost Legal, our experienced Estates team provides comprehensive and compassionate support to help you fulfil your duties efficiently and with confidence.

Probate and Letters of Administration

Before an estate can be administered, it is often necessary to obtain a formal grant from the Supreme Court of Queensland.

Grant of Probate

A Grant of Probate is a Supreme Court order confirming that a Will is valid and that the named executor has the legal authority to collect and distribute the deceased’s assets. Most financial institutions, the Titles Registry, and other organisations will require a sealed Grant of Probate before releasing assets or completing property transfers.

Letters of Administration

If there is no valid Will (intestacy), if no executor is named or able to act, or if a Will does not fully dispose of all assets, the Court may instead issue a Grant of Letters of Administration. An administrator is appointed to manage the estate in a similar role to an executor.

We offer fixed-fee services for both Probate and Letters of Administration applications, providing you with certainty about costs from the outset.

Full Estate Administration

Our team can assist executors and administrators with the full range of estate administration tasks, including:

Identifying and collecting estate assets

Notifying relevant institutions and beneficiaries

Applying for Grants of Probate or Letters of Administration

Paying outstanding debts and liabilities

Advising on capital gains tax and other taxation obligations

Managing and finalising the distribution of the estate to beneficiaries

Attending to Transmission Applications for real property

When disputes arise

Estate administration does not always proceed smoothly. Family dynamics, unclear Will provisions, or disagreements among beneficiaries can create conflict. Where disputes arise, we offer practical dispute resolution options, including mediation, and where litigation is unavoidable, our lawyers will represent your interests effectively and cost-efficiently.

A Smarter, Flexible Way to Fund Your Estate Administration Matter

Managing a deceased estate and the probate process often means covering more than just legal fees. Executors can face costs like insurance, property maintenance, and other expenses – often out of their own pocket, with reimbursement to come later. They may even want to improve assets prior to sale.

Through our partnership with JustFund, eligible Executors and Beneficiaries can access flexible funding to cover these expenses as well as legal fees, with no repayments until probate is finalised. This helps ease financial pressure while ensuring the estate is preserved.