Thank you
We have received your enquiry and will be in touch shortly to discuss how we can best guide you.
Close-button-icon
Oops! Something went wrong while submitting the form.
Wills and Estate Law

Probate and estate administration lawyers in Ipswich

Being an executor is a job, and it arrives at the worst possible time. We take the administration off your hands or sit beside you through it: the probate application, the debts, the tax and the distribution, done in the right order.

Probate, and when you actually need it

Not every estate needs it. Most estates holding real property do.
Probate is the Supreme Court of Queensland's confirmation that a will is valid and that the executor named in it has authority to deal with the estate. Whether you need it depends on what the deceased owned and who is holding it: land held in the deceased's sole name almost always requires it, as do most substantial bank accounts and share holdings, while a small estate held entirely in low-value accounts often does not.

The process starts with publishing a notice of intention to apply and giving a copy to the Public Trustee, then waiting the prescribed period before the application can be filed with the will, the death certificate and an affidavit. Where there is no will, the equivalent is an application for letters of administration, usually by the person entitled to the largest share under the intestacy rules.

The executor's job, in order

Identify, protect, pay, then distribute. The order matters.
First, locate the will and secure the assets: notify the banks and the super funds, make sure property is insured and the house is safe, and stop any payments that should stop. Then establish the picture, which means a full list of assets and liabilities, and lodging any outstanding tax returns along with a final return for the deceased and, if the estate earns income, returns for the estate.

Then pay the debts and the tax before anyone receives anything, because an executor who distributes first and finds a creditor second can be personally liable. Only then distribute, keeping records and obtaining releases. Timing matters too: an executor is generally advised not to distribute before six months from the date of death, and where a family provision claim looks possible, to wait until the nine month claim period has closed. Executors may also be entitled to commission for their work, which the court can allow, and beneficiaries are entitled to be kept informed.

Looking for a different estates service?

Estate work has two halves, the planning you do now and the administration someone does later, and both touch property and family law. The pages below cover the rest of what we do. If you are not sure which you need, call 0483 980 001 and we will tell you.

OUR ACCREDITED NETWORK

Held to the standards the profession sets, not just our own.

Every Stanford Legal matter is guided by the professional bodies that set the standard for practice in Queensland, so you always know you're in trusted hands.
Why Stanford Legal

You can do as much or as little of this as you want

Some executors want the whole administration handled and to be told when it is finished. Others want to do it themselves with someone to call when a bank asks for something strange. Both are fine. We will tell you at the start which parts genuinely need us and what each will cost.
6K+
Matters Resolved
4.3K+
Aussie Families Assisted
2.2K+
Homes Settled
5 Stars
On Google Reviews
TESTIMONIALS

Trusted by families across South East Queensland

Executors and families across Ipswich, Springfield and Brisbane have leaned on us at a hard time, and this is what they said.
"I simply can’t thank and commend Richie, Steven, Renata and the whole team at Stanford Financial enough for making my mortgage refinance as smooth as humanly possible."
Dan
Stanford Financial Client
"We are so Blessed with our new Home. Thanks to Stanford Legal, Laura was a joy to communicate with anytime we needed to enquire. Quick, reliable and very Trustworthy."
Katrina Emberson
Stanford Legal Client
"We are beyond grateful for Richie and the team at Stanford! 🙌🏻 Through every hurdle and challenge, they went exceptionally far to help get our application through."
Khirsten Mamangun
Stanford Financial Client
"One thing I always love and look for when choosing people to guide me is how much time and presence they give. They treated us like we were the only client they had."
Dragica Radosavljevic
Stanford Legal Client
"All the team at Stanford were good to deal with. If you're a Veteran struggling to get a loan approved because you're on Incaps, or Super, speak to them."
Stewart S
Stanford Financial Client
"This is the second time we’ve used stanford financial, and once again the experience was outstanding."
Blake Whitehead
Stanford Financial Client
"Phenomenal service. Thank you to the Stanford Legal team for all your help & guidance."
Bryony Winsor
Stanford Legal Client
"I can’t recommend Stanford legal enough. All 3 property sales have been seamless, professional and efficient. The team are amazing and will look after you."
Christie Johnston
Stanford Legal Client
"The team at Stanford Financial are brilliant! I was referred to them by a friend and dealing with them has been a fantastic experience."
Andrew Bell
Stanford Financial Client
"I honestly can't thank the team enough at Stanford Financial, especially Richie and Mitch! They both went above and beyond to get my finance sorted, and they did it all within 24 hours!"
Jamie Harris
Stanfor Financial Client
QUESTIONS

Frequently asked questions

Can't find the answer you're after?
How long does probate take in Queensland?
From instructions to a grant is commonly around two to three months where the paperwork is straightforward, taking in the advertising period and the court's processing time. Administering the whole estate takes longer, typically six to twelve months, because of the tax, the sale or transfer of property, and the recommended waiting periods before distribution.
Do I always need probate?
No. It depends on what the deceased owned and what the institutions holding those assets require. Land in the deceased's sole name generally requires it. Small bank balances often do not, and assets held as joint tenants pass to the survivor without it. We can tell you quickly which category an estate falls into rather than applying by reflex.
Can I be personally liable as executor?
Yes, which is why the order of steps matters. Distributing before debts and tax are paid, distributing while a family provision claim is on foot, or failing to keep proper records can all expose an executor personally. Following the process and taking advice at the decision points is what protects you.
What if there is no will?
The estate is distributed under the intestacy rules, and someone applies to the court for letters of administration, usually the person entitled to the largest share. The steps are otherwise similar to probate, though it takes a little longer and the distribution follows the statutory order rather than anyone's wishes.

We're here to help you.

Get in touch with us to help guide you through your legal challenges.