When a loved one passes away, dealing with their estate can be a complex and emotional process. In Brisbane, as in the rest of Queensland, two legal processes often work together to manage a deceased person’s estate: probate and estate administration. Understanding how these two processes interact can help families navigate this difficult time more smoothly, ensuring that the deceased’s wishes are honoured and that assets are distributed legally and efficiently.

In this article, we’ll explore how probate and estate administration in Brisbane work hand in hand, what’s involved, and why professional guidance is often essential.

What is Probate?
Probate is the legal process of validating a deceased person’s will. When someone passes away and leaves behind a will, that document must be officially recognised by the Supreme Court of Queensland before the executor named in the will can act on it. This formal recognition is called a Grant of Probate.

The probate process serves several purposes:
Verification of the will’s authenticity — The court confirms that the will presented is the true last will of the deceased.

Appointment of an executor — It gives the executor legal authority to carry out the wishes stated in the will.
Protection for executors — Financial institutions and government agencies typically require probate before they will release assets.

Not every estate requires probate. Small estates or those where assets are jointly owned may not need this step. However, if the estate includes significant assets like real estate or substantial bank accounts, probate is usually necessary.

What is Estate Administration?
Estate administration refers to the entire process of managing and distributing a deceased person’s estate, whether or not they left a will. This process involves:

Identifying all assets and liabilities

Paying outstanding debts, taxes, and funeral expenses

Distributing the remaining assets to beneficiaries
If there’s a will, the executor handles this process. If there’s no will (known as dying intestate), the court appoints an administrator to take on the responsibility. The administrator may be a close family member or a professional appointed by the court.

Estate administration encompasses more than just handing over money or property. It involves dealing with banks, superannuation funds, share registries, creditors, and potentially even the sale of property to finalise the deceased’s affairs.

How Probate and Estate Administration Work Together
Although probate and estate administration in Brisbane are distinct concepts, they often overlap and work together to achieve one goal: ensuring that a deceased person’s assets are distributed legally, fairly, and according to their wishes or the laws of intestacy.

1. Starting with Probate
For many Brisbane estates, estate administration begins with probate. If a valid will exists, the executor applies for a Grant of Probate through the Supreme Court of Queensland. Once probate is granted, the executor has the legal standing to start dealing with the deceased’s affairs.

Without probate, many institutions won’t release funds or transfer ownership of assets, meaning the administration process is effectively stalled.

2. Managing the Estate
With probate secured, the estate administration process kicks into full gear. Executors or administrators gather information about the deceased’s finances, settle outstanding liabilities, and ensure that all taxes (including any applicable capital gains tax) are paid before distributing the estate.

This can be a complex process depending on the size and complexity of the estate. For example, dealing with real estate often requires valuations, sales negotiations, or even resolving disputes among beneficiaries.

3. Distributing to Beneficiaries
The final stage of estate administration is distributing the remaining assets to the beneficiaries named in the will or, if there’s no will, according to Queensland’s laws of intestacy. The executor or administrator is responsible for preparing final reports and ensuring that all parties receive their correct entitlements.

This responsibility also includes keeping clear records of all transactions, providing transparency and accountability for the administration of the estate.

Why Professional Guidance is Important
While it’s possible to handle probate and estate administration yourself, seeking professional advice from an experienced solicitor can help you avoid costly mistakes and unnecessary delays.

Many families choose to work with legal professionals who specialise in probate and estate administration in Brisbane because:

The paperwork can be complex and time-consuming.

Mistakes in applications can lead to delays or rejected probate applications.

Handling disputes among beneficiaries requires skilled legal negotiation.

Executors may face personal liability if they distribute assets incorrectly.

Having the right support can provide peace of mind that the estate is being handled properly, protecting both the executor and the beneficiaries involved.

Probate and estate administration work together as two key components in finalising the affairs of a deceased person in Brisbane. Probate provides the legal authority needed to act on a will, while estate administration is the practical process of managing assets, paying debts, and distributing what’s left to the rightful heirs.

By understanding how these two elements fit together, families can approach estate management with greater confidence. And with professional help, the process can be handled efficiently, compassionately, and in accordance with Queensland law.

If you’re facing the responsibility of managing a loved one’s estate, or simply want to prepare for the future, don’t hesitate to seek expert legal assistance in Brisbane to guide you through the process.