QUICK ANSWER
The first tasks are usually to locate the current will, identify the person with authority to act, protect property and understand immediate practical commitments. Avoid distributing assets before responsibilities and liabilities are clear.
probate first steps Australia: Key Points
- Locate the original will and later documents.
- Protect assets and keep records of expenses.
- Ask what authority is needed before dealing with property.
Identify the document and the decision-maker
Look for the original will, codicils and information about where documents are stored. A copy can still be important, but tell the lawyer if the original cannot be found or if there may be a later will.
Record the executor names and whether each person is willing and able to act. Do not assume that being a family member automatically gives authority over every asset.
Protect rather than distribute
Secure property, maintain essential insurance and keep a record of reasonable expenses. Avoid informal distributions, sales or promises until authority, liabilities and potential claims have been considered.
- Death certificate and original will
- Asset, debt and account overview
- Property insurance and security details
- Funeral invoices and estate-related expenses
Ask for a map of the administration
Ask whether a court grant is likely, which assets can be handled without one and what notices or waiting periods apply. Clarify how debts, tax, expenses and distributions are sequenced.
Request a written scope showing who will gather information, communicate with institutions, prepare applications and maintain estate accounts.
TURN PREPARATION INTO A USEFUL SEARCH
Find Wills & estates Lawyers
Check law firm services, then confirm the individual’s experience, availability, scope and fees directly.
COMMON QUESTIONS
Frequently Asked Questions About probate first steps Australia
What if there is no will?
Tell the lawyer. Intestacy rules determine who can apply and how the estate may be distributed, and the process varies by jurisdiction.
Can funeral costs be paid from the estate?
They may be estate expenses, but payment processes vary. Keep invoices and ask the bank or adviser what authority is required.
How long does estate administration take?
Timing depends on assets, liabilities, court processes, tax and disputes. Ask for stages and dependencies rather than a guaranteed completion date.
CHECK THE PRIMARY SOURCES
Official Sources and Further Reading
These links provide authoritative starting points. Rules and procedures can depend on the jurisdiction and the facts.