Probate
Solicitors fees for the Probate process are set by the Supreme Court and are calculated on a sliding scale based on the total value of the estate.
This means that any Solicitor you engage must charge you the same fees.
At Mothers in Law Lawyers, we recognise the emotional toll that comes with losing a loved one. Our approach is to demystify the Probate process through clear, straightforward guidance, while managing every step as efficiently as possible.
Why is Probate needed?
Without a Grant of Probate, banks and other institutions generally won't let an executor touch the deceased's accounts, sell their property, or transfer assets to beneficiaries — even if you're named in the Will. Probate is what gives you the legal green light to act.
Because Probate confirms that the Will is genuine and that you are the rightful executor, it protects you from being held personally responsible later on, provided you distribute the estate correctly.
Put simply, Probate is usually the key that unlocks the estate — it's what allows you to gather in the assets, settle any debts, and get everything to the people your loved one wanted to have it.
How much does Probate Cost?
Solicitors fees for the Probate process are set by the Supreme Court and are calculated on a sliding scale based on the total value of the estate. This means that any solicitor you engage must charge you the same fees.
Because fees are fixed it is important to choose a solicitor who understands how to best streamline the process and reduce the stress on you and your loved ones.
What is Probate?
A Grant of Probate (“Probate”) is an order made by the Supreme Court of NSW for the person/s appointed as the executor/s in a deceased person’s Will to administer their estate and distribute their assets in accordance with their Will.
Do you always have to apply for Probate?
No, you do not always need to apply for a Grant of Probate when a loved one passes away. Our experienced solicitors will be able to assist you in determining whether you need to file an application.
Unsure if there is a Will?
At Mothers in Law Lawyers we can assist you in trying to locate a deceased person’s Will.
If your loved one passed away without a Will, we can also assist you in navigating the alternative pathways to administer an estate known as Letters of Administration.
Can I do it myself?
You do not need a solicitor, however many people have no experience in navigating the system and find the processes involved very taxing during an already difficult time.
Executors may also be exposed to personal liability if they fail to distribute the estate in accordance with the Succession Act2006 requirements. There is particular risk if a Family Provisions claim is made on the estate or where beneficiaries or creditors do not receive sufficient notice of intended distribution.
It is important to remember that although you may be able to navigate the probate process without a solicitor, in NSW only a solicitor or conveyancer is able to transfer property out of a deceased person’s name into the name of the beneficiary or executor.
At Mothers in Law Lawyers our solicitors have the experience and understanding to assist you every step of the way.
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