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    We picked the most highly specialised and talented lawyers

    At Chamberlains we’re with you when it comes to the administration of an estate. We have a range of professional, capable and friendly staff who are here to help at every step through this difficult time.

    Angela
    Backhouse

    Director

    Ben Hatte

    Director

    Harold O’Brien

    Director

    Marissa Dimarco

    Director

    Mohamad
    Mourtada

    Senior Associate

    Breshna Abawi

    Associate

    Reina Katsumata

    Paralegal

    Mia Topen

    Paralegal

    Our process

    01Initial Consultation & Estate Review

    We begin with a detailed discussion to understand the estate, the Will (if one exists), and your role as executor or administrator. This step allows us to clarify responsibilities and outline the legal process ahead.

    02Verification & Asset Identification

    Our team assists in verifying the Will and identifying all assets and liabilities of the estate. We ensure compliance with legal requirements and prepare the necessary documentation for a grant of probate or grant of letters of administration.

    03Formal Engagement

    Once you approve the proposed approach, we formalise our engagement by confirming the scope of work, timelines, and fees. This step provides transparency and confidence that the estate will be managed correctly.

    04Administration & Distribution

    We handle the administration process, including obtaining the grant of probate or grant of letters of administration, paying debts, and distributing assets to beneficiaries. Our team ensures everything is completed efficiently and in accordance with the law.

    05Finalisation & Ongoing Support

    After the estate is fully administered, we provide a clear summary of the process and advice on any remaining obligations. We remain available for ongoing support, including future estate planning or dispute resolution.

    Our services

    01 Probate Applications

    End-to-End Court Filings

    We prepare and lodge all court documents, originating summons, affidavits, inventory of property, and supporting evidence, ensuring the will is validated and the executor is formally recognised. Our team handles every detail so you can feel confident the process is managed professionally and with care.

    Evidence & Notices Management

    We take responsibility for notices, witness statements, and any rectification or informal will evidence needed to satisfy court standards. This means fewer delays and peace of mind knowing everything is compliant and accurate.

    Expedited, Error-Free Process

    By anticipating common issues like missing originals or capacity concerns, we minimise delays and deliver grants efficiently. You can trust us to keep the process moving smoothly while supporting you at every step.

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    Eligibility & Priority Guidance

    We advise who has priority to apply and coordinate consent from interested parties to avoid disputes. Our guidance ensures families feel supported and informed during what can be a sensitive time.

    Court Application & Affidavits

    We draft all necessary affidavits, prepare inventories, and file the application for a grant of letters of administration when there is no valid will or the named executor cannot act. You can rely on us to make the process clear and stress-free.

    Estate Control & Distribution

    Once appointed, we assist administrators to collect assets, pay liabilities, and distribute under intestacy rules. Our team ensures everything is handled with transparency and compassion.

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    Identifying and Securing Assets

    We compile a full inventory, bank accounts, property, investments, superannuation, insurance, personal effects, and promptly notify institutions to protect estate holdings. You will have peace of mind knowing nothing is overlooked.

    Valuation & Realisation Strategy

    We arrange valuations for property and chattels, advise on sale versus transfer decisions, and coordinate agents or auctioneers to maximise value. Our goal is to make this process as smooth and efficient as possible for you.

    Transfer & Closure Execution

    We manage legal transfer forms, title updates, and account closures, ensuring proceeds are correctly paid to the estate. You can trust us to handle the paperwork while keeping you informed every step of the way.

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    Trustee Claims & Nominations

    We advise on binding/non-binding nominations, prepare trustee submissions, and pursue entitlements where nominations are absent or contested. Our team works tirelessly to secure the benefits your loved one intended for you.

    Dispute Resolution & Review

    Where trustees decline or apportion benefits unexpectedly, we seek reviews or dispute resolution. You can count on us to advocate for fairness and clarity throughout the process.

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    Tax Position & Lodgements

    We coordinate with accountants to lodge final personal returns, estate tax returns, and CGT event reporting. Our proactive approach means fewer surprises and complete compliance.

    Income & Expense Reconciliation

    We maintain detailed accounts of estate income, expenses, and distributions, providing beneficiaries with transparent statements. This gives everyone confidence in the integrity of the process.

    Residency & Cross-Border Issues

    For estates with overseas assets or non-resident beneficiaries, we navigate withholding, foreign tax credits, and compliance. Our experience ensures complex matters are handled seamlessly.

    Claims & Family Provision Applications

    We advise executors on responding to family provision claims and other challenges, balancing legal obligations with efficient resolution. Our goal is to protect your position while maintaining family harmony where possible.

    Risk Management & Personal Liability

    We protect executors from personal liability by implementing compliant processes, asset handling, notices, interim distributions, and conflict management. You can feel secure knowing your responsibilities are managed correctly.

    Settlement Strategy & Mediation

    We use negotiation and mediation to achieve pragmatic outcomes, minimising legal cost and delay. Our approach is focused on fairness and preserving relationships during difficult times.

    Compassionate Guidance Through a Complex Process

    Navigating the loss of a loved one is never easy, and the legal steps that follow can feel overwhelming. At Chamberlains, we provide clear, compassionate guidance to help executors, administrators, and families understand what needs to happen, step by step. We take the time to explain the process, the documents required, and the likely timelines, so you can proceed with confidence and focus on what matters most. Our team’s calm, personable approach reduces stress while ensuring every legal obligation is met with care and precision.

    What Probate & Estate Administration Involves

    Probate & estate administration is the legal process of validating a will (probate) or appointing an administrator if there is no will (letters of administration), collecting assets, paying debts and taxes, and distributing the estate to beneficiaries. We prepare and lodge court applications, identify and secure estate assets, liaise with banks, superannuation funds, and registries, manage claims and disputes, and close the estate efficiently. Whether straightforward or complex, we ensure compliance at every stage.

    Minimising Risk, Delay, and Cost

    Errors in estate administration can lead to delays, unexpected costs, or personal liability for executors. We mitigate these risks by setting a clear administration plan, validating asset records, resolving tax and superannuation questions early, and managing deadlines for notices, claims, and distributions. Where complications arise, such as overseas assets, business interests, blended families, missing beneficiaries, or contested wills, we step in quickly with strategic solutions to keep the estate on track.

    A Personalised, Practical Approach

    No two estates are the same. We tailor our approach to the specific family circumstances, asset profile, and urgency. You’ll have a dedicated contact who coordinates all moving parts, court filings, asset transfers, superannuation death benefits, property sales, and final distributions, while keeping you updated in all stages. We collaborate with accountants, financial advisers, and property agents to deliver practical, end-to-end outcomes without unnecessary complexity.

    Things You Should Know

    • Probate isn’t always required: Small estates or jointly held assets may be transferred without probate, ask us to assess.

    • Executors have duties: You must act in the best interests of beneficiaries, keep records, and avoid conflicts.

    • Superannuation sits outside the will: Death benefits often require separate claims and trustee decisions.

    • Timeframes vary: Simple estates may complete in months; complex estates (disputes, sales, tax issues) can take longer.

    • Documentation matters: Accurate asset lists, valuations, and tax records reduce delays and risk.

    Start Your Journey

    Your loved one’s legacy deserves careful, respectful administration. At Chamberlains, we make the process clear, compliant, and compassionate, so you can move forward with confidence. Book a consult with our Probate & Estate Administration team to get started.

    Call us at 1300 676 823
    Email us at hello@chamberlains.com.au

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    FAQ

    01What is probate?

    Probate is the legal process where the court confirms a will is valid and authorises the executor to administer the estate. It is required when institutions (like banks or land registries) need formal confirmation before releasing or transferring assets.

    Not always. If assets are jointly held, small, or already designated (e.g., via superannuation nominations), probate may be unnecessary. We assess the estate structure and advise the most efficient path.

    Simple estates often complete within several months; complex estates (property sales, disputes, overseas assets) may take longer. Timelines depend on court processing, asset transfers, and any claims.

    The court can appoint an administrator via letters of administration. The estate is then distributed according to intestacy laws, which set out a priority order for relatives. We guide you through eligibility, applications, and distribution.

    Executors must act in the best interests of beneficiaries: identify and safeguard assets, pay debts and taxes, keep records, avoid conflicts, and distribute according to the will. We provide practical checklists and ongoing support.

    Superannuation usually sits outside the will. The fund’s trustee decides how death benefits are paid, taking into account any binding or non-binding nominations and the circumstances of dependants. We assist by preparing details submissions to trustees and, where necessary, challenging or appealing trustee decisions.

    We assess and advise on the strengths of any potential claims, take steps to preserve the estate, and guide you through mediation or court proceedings to resolve disputes. Our goal is to minimise cost and delay while achieving a fair, lawful outcome.

    Costs depend on complexity, court filings, asset transfers, tax and accounting, property sales, and potential disputes. We provide clear estimates upfront and transparent billing throughout the process.

    Yes, executors can be personally liable if they fail to properly carry out their duties, for example, by distributing the estate too early, not paying debts or taxes, or mismanaging estate assets. We implement compliant procedures and advise on risk to protect you from personal exposure.

    Cross-border assets and non-resident beneficiaries introduce additional compliance and tax considerations. We coordinate foreign documentation, valuations, and tax to ensure lawful, efficient distributions.

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    Call or email us now

    1300 676 823

    hello@chamberlains.com.au