Deceased Estate Lawyers Queensland
Supporting you through the legal process after someone dies
Our condolences for your loss.
Losing someone you love is hard enough without having to figure out what happens next.
Administering a deceased estate involves many moving parts, including identifying assets, managing paperwork, dealing with financial institutions, applying for the required Court documents, and distributing assets to beneficiaries.
At Sun Wills & Estates, we provide guidance and support through the deceased estate administration process, helping you understand your responsibilities and the steps involved.
Whether you have been appointed as an executor, need to apply for authority to administer an estate, or simply need advice about what happens next, we’re here to help.
After the recent passing of my Dad, I turned to Jacqui Thomas at Sun Wills & Estates to help finalise his affairs. The entire process was handled smoothly and with great care.
From the outset, I received a clear, easy-to-understand, and reasonably priced quote. Throughout the process, I was kept well informed, which gave me peace of mind during a difficult time. Jacqui was consistently professional, highly efficient, and genuinely supportive. It was incredibly refreshing to work with a lawyer who communicates in a straightforward and easy to understand way.
I highly recommend Jacqui and the team at Sun Wills & Estates.
-J.M
What is a deceased estate?
When someone dies, generally everything they own and owe forms part of their deceased estate.
This may include:
✓ Property
✓ Bank accounts
✓ Shares and investments
✓ Personal belongings
✓ Debts and liabilities
✓ Some superannuation and insurance interests depending on the circumstances
The person responsible for managing the estate is usually:
The executor named in the Will, or
An administrator appointed by the Court if there is no executor able or willing to act.
Where do I start?
Every estate is different.
Some estates can be finalised without a Court application. Others require formal authority from the Queensland Supreme Court before assets can be dealt with.
The right process depends on factors including:
Whether there is a valid Will
Whether an executor has been appointed
The type and value of assets
The requirements of banks, insurers, and other institutions
Whether there are disputes or complications
Our role is to help you understand what applies to your circumstances and guide you through the steps.
Our Deceased Estate Services
Probate
Applying for authority when there is a valid Will
If someone has died leaving a valid Will and an executor is available to act, the executor may need to apply for a Grant of Probate.
Probate is the legal process that confirms the Will and gives the executor authority to administer the estate.
Letters of Administration
When there is no executor able to act
Sometimes an estate cannot proceed through probate.
This may happen where:
There is no valid Will
No executor has been appointed
The executor has died, lost capacity, or does not wish to act
In these circumstances, someone may need to apply for Letters of Administration to receive authority to administer the estate.
Transfer of Property
Transferring real estate owned by someone who has died
Property is often one of the most significant assets in a deceased estate.
When a property is owned solely by someone who has died, the title may need to be updated before it can be dealt with according to the Will or intestacy rules.
We assist with transmission applications and the legal steps required to transfer property from a deceased person’s name to the executor or administrator of the estate.
This may include:
✓ Preparing transmission applications
✓ Reviewing title ownership and estate documents
✓ Coordinating the required documents for Queensland Titles Registry
A transmission application is commonly required where the deceased person’s interest in property needs to be recorded following their death. The process allows the legal title to be updated so the property can then be dealt with as part of the estate administration process.
Record of Death
Updating Queensland property titles after the death of a joint tenant
When property is owned as joint tenants, the deceased person’s interest in the property generally passes automatically to the surviving joint tenant(s) through the right of survivorship.
A Record of Death is used to notify the Registrar of Titles that a registered owner has died and to update the property title.
Sun Wills & Estates can assist with preparing the required documentation to record the death of a joint tenant and update the ownership details on the title.
Frequently Asked Questions
How long does it take to administer an estate?
Every estate is different.
A straightforward estate may be finalised relatively quickly, while estates involving property, complex assets, multiple beneficiaries or Court applications can take longer.
See our Estate Administration Timeline for a guide to the usual stages.
Do I need a lawyer to administer an estate?
You are not legally required to engage a lawyer in every situation.
However, estate administration involves legal responsibilities and mistakes can create personal liability for executors.
Professional advice can help you understand your obligations and avoid problems during the process.
What happens if someone dies without a Will?
When someone dies without a valid Will, they are said to have died intestate.
The law determines who can apply to administer the estate and how assets are distributed.
This process usually involves an application for Letters of Administration.
Can beneficiaries administer an estate?
Usually, the person with legal authority to administer the estate is the executor or administrator.
A beneficiary may also be an executor or administrator, but receiving an inheritance does not automatically give someone authority to deal with estate assets.
