If you have been appointed as an executor, one of the first decisions you will need to make is whether to engage a lawyer, and if so, who.
It is not a decision that should be made lightly.
Executors assume legal responsibility for administering an estate. That includes collecting assets, paying liabilities, and distributing to beneficiaries in accordance with the will. If that process is mishandled, even unintentionally, there is potential for personal liability.
Against that backdrop, the question is not simply how to find a probate lawyer. It is how to engage the right one.
Start with the estate, not the lawyer
Before approaching firms, you need to understand what the estate actually involves.
In Queensland, probate is generally required where the deceased held assets in their sole name and a grant is needed to establish the executor’s authority. In other cases, it may not be required at all. Jointly held assets, for example, will usually pass by survivorship without the need for a grant.
Even where probate is required, the level of legal involvement will vary. Some estates are straightforward and largely procedural. Others involve multiple asset classes, uncertainty in testamentary documents, or competing beneficiary interests.
The complexity of the estate should inform the level of expertise you are looking for.
Specialisation is critical
Not all lawyers who offer probate services have the same level of experience.
Probate and estate administration is a distinct area of practice. It requires not only an understanding of the legislation, but also the procedural requirements of the Supreme Court of Queensland and the practical issues that arise in administering estates.
A lawyer who regularly practises in Probate and estate administration will be familiar with:
- The evidentiary requirements for probate applications, including affidavit material
- Common issues that give rise to requisitions from the Court
- The interaction between estate assets, liabilities, and structures such as trusts or superannuation
This becomes particularly important where the estate is not straightforward. Informal wills, incomplete documentation, or ambiguity in testamentary intentions can significantly complicate the process and increase both time and cost.
Local experience with the Supreme Court process
Probate is not simply a matter of preparing and lodging forms.
The Supreme Court applies scrutiny to probate applications, and deficiencies in the material can result in requisitions requiring further evidence or amendment. Each requisition introduces delay and additional cost.
Lawyers who routinely deal with probate applications in Queensland will understand the Court’s expectations and how to avoid common drafting issues from the outset.
This is rarely obvious at the beginning, but becomes critical if the application is not accepted in its initial form.
Communication and approach
Executors are often navigating probate for the first time, and usually in difficult circumstances.
A probate lawyer should provide clear, direct advice about:
- The process and expected timeframes
- The steps required before and after a grant is obtained
- Any risks or issues identified early
They should also be responsive and capable of explaining legal concepts in a way that allows the executor to make informed decisions.
A lack of clarity at the outset almost always leads to a lack of control later.
Read More: What If The Will Executor Renounces His Responsibility?
Fees must be clear and proportionate
There is no prescribed fee structure for probate work in Queensland.
Lawyers may charge on a fixed fee basis, an hourly rate, or, in some cases, by reference to the value of the estate.
What matters is transparency and scope.
For standard probate applications, fixed fees are common and generally appropriate. They provide certainty and reflect the procedural nature of the work.
Caution should be exercised where:
- Fees are expressed as a percentage of the estate value without justification
- There is no clear distinction between probate and broader estate administration
- Estimates are open-ended and subject to variation without defined parameters
The size of an estate does not necessarily correlate with the work involved. Fees should reflect the work required, not simply the value of the assets.
Be clear on the scope of engagement
Obtaining a grant of probate is only one part of the executor’s role.
Once probate is granted, the executor remains responsible for:
- Identifying and collecting assets
- Paying liabilities, including taxation obligations
- Distributing the estate in accordance with the will
Some lawyers are engaged solely to obtain the grant. Others provide ongoing assistance with administration.
You need to be clear, at the outset, what services are being provided and what remains your responsibility.
Final observations
Engaging a probate lawyer is not simply about outsourcing a process.
It is about ensuring the estate is administered properly, the executor’s obligations are met, and unnecessary risk is avoided.
The right lawyer will treat probate as a structured legal process, not an administrative task. They will provide clarity on cost, scope and timing, and manage the matter in a way that avoids delay wherever possible. That is what you should be looking out for.
About ALF Lawyers
At ALF Lawyers, we regularly act for executors in Queensland in relation to probate applications and estate administration.
Our approach is to provide clear advice on whether probate is required, structure the application correctly from the outset, and ensure the process is managed efficiently to avoid unnecessary delay or cost.
Where required, we also assist with the administration of the estate following the grant, including managing liabilities and distribution to beneficiaries.
If you are unsure about your position as executor or whether probate is required, it is generally preferable to obtain advice early.
