Estate Administration
In the unfortunate event of the death of a loved one, our dedicated estates team will work with the Executor of the estate to ensure the estate is administered in accordance with their last wishes. If the deceased did not leave a Will, we can assist the Administrator to manage the estate in accordance with the laws of intestacy.
Estate administration can sometimes be more complicated than anticipated. We are able to advise on in the following:
- Assisting the Executor/Administrator in understanding their rights and obligations;
- Obtaining a Grant of Probate or Letters of Administration (where there is no Will) from the Supreme Court;
- Obtaining a Grant of Reseal when a Grant has already been obtained in another State or Territory;
- Providing the use of an estate Trust Account to receive and pay any transactions on behalf of the estate;
- Preparing any documentation required to obtain consents or indemnities from beneficiaries;
- Transferring real property to the appropriate beneficiaries;
- Paying legacies from an estate Trust Account;
- Realising and releasing all assets in accordance with the Will.
Our estates team will keep you informed as to all progress, minimise any delays as best we can, and take away the burden of any administrative complexities from the grieving family.
We have experience in bringing and defending family provision claims, and as such are able to provide an objective viewpoint as to your rights and the prospects of success.
Our estates team comprising of Solicitors, Robert Elliott, Stephen Duffy, Jennifer Spear, and assistants Cheryl and Phoebe, are here to help you when needed.
How much will it cost to get Probate?
At Duffy Elliott Lawyers, we aim to make the fees involved in obtaining a Grant as transparent as possible.
Costs to obtain a Grant on an uncontested estate include the Supreme Court Filing Fee, Professional Costs and other disbursements.
Probate/Letters of Administration/Reseal Filing Fee
| Value of Estate | Filing Fee* |
|---|---|
| Less than $100,000 | Nil |
| Between $100,000 - $250,000 | $863 |
| Between $250,000 - $500,000 | $1,171 |
| Between $500,000 - $1,000,000 | $1,797 |
| Between $1,000,000 - $2,000,000 | $2,394 |
| Between $2,000,000 - $5,000,000 | $3,991 |
| More than $5,000,000 | $6,652 |
*Filing Fee costs for 2023-2024 financial year. Note costs usually increase each financial year.
Solicitor’s costs to obtain a Grant of Probate, Letters of Administration or Reseal
The professional costs charged by Duffy Elliott Lawyers are regulated by Schedule 3 of the Legal Profession Uniform Law Application Regulation 2015. This Regulation provides the following scale of charges up to the Grant (dependent on the gross value of the estate):
| Value of Estate | Costs Payable* |
|---|---|
| Less than $30,000 | $560 Plus $13.33 for each $1,000 up to $30,000 |
| Between $30,000 - $150,000 | $960 Plus $5.90 for each $1,000 over $30,000 |
| Between $150,000 - $1,000,000 | $1,670 Plus $4.47 for each $1,000 over $150,000 |
| Between $1,000,000 - $3,000,000 | $5,470 Plus $1.66 for each $1,000 over $1,000,000 |
| Between $3,000,000 - $5,000,000 | $8,800 Plus $1,10 for each $1,000 over $3,000,000 |
| Between $5,000,000 - $10,000,000 | $11,000 Plus $0.90 for each $1,000 over $5,000,000 |
| More than $10,000,000 | $15,500 |
These costs are exclusive of GST.
*They are current as at 2 May 2022 but are subject to change.
Administration Costs
Following the Grant being issued, we will charge you at the Solicitor’s hourly rate for any work required to complete the Administration of the estate. This includes tasks like releasing funds from asset holders, transferring a property to a beneficiary, preparing a distribution statement and distributing the funds.
For an uncontested Application, we will provide you with a Costs Agreement that sets out:
- The Filing fee; and
- Solicitors’ costs to obtain a Grant of Probate, Letters of Administration or Reseal; and
- An estimate of Administration Costs.
- The estimated disbursements that may require payment including two online notices required ($53 each as at 10/7/23), sundries and any bank fees.