Engaging a probate lawyer is not simply about progressing an application. It is about ensuring the estate is administered properly and that you, as executor, are not exposed to unnecessary risk.
The first meeting is your opportunity to assess whether the lawyer is the right fit, both in terms of capability and approach.
These are the key questions you should be asking.
1. Do I actually need probate in this situation?
A competent lawyer should assess the estate before assuming probate is required.
2. What is involved in obtaining probate in Queensland?
You should be given a clear outline of the process, not a general description.
3. How long is this likely to take?
Timeframes should be realistic and reflect current Supreme Court processing times and any pre-filing requirements.
4. What are the total expected costs?
This should include legal fees, Court filing fees, and disbursements.
5. Is your fee fixed or charged on an hourly basis?
You need to understand how costs are structured before proceeding.
6. What is included in your fee?
There should be a clear distinction between obtaining probate and administering the estate.
7. What factors could increase the cost?
This identifies risk early and avoids disputes later.
8. Will you personally handle my matter?
You should know whether the work will be delegated and to whom.
9. Have you dealt with estates of this type before?
Particularly relevant where the estate involves multiple assets, trusts, or potential disputes.
10. Are there any issues with the will or estate that could cause delay?
An experienced lawyer should be able to identify potential complications early.
11. What are my responsibilities as executor?
This is critical. You remain legally responsible even if a lawyer is engaged.
12. What happens after probate is granted?
Probate is only one step. You need to understand the broader administration process.
13. How will you communicate with me throughout the process?
Clarity around updates and responsiveness is essential.
Final observations
The purpose of these questions is not to test the lawyer. It is to ensure you have a clear understanding of process, cost and risk before you engage.
A probate matter, when handled properly, should be structured and predictable. If you leave the initial meeting with uncertainty, that is unlikely to improve as the matter progresses.
About ALF Lawyers
At ALF Lawyers, we regularly assist executors in Queensland with probate applications and estate administration.
We focus on providing clear advice at the outset, preparing applications correctly, and managing the process efficiently to avoid unnecessary delay or cost.
If you are unsure whether probate is required or what your obligations as executor involve, it is generally preferable to obtain advice early.
