Stress-Free Probate & Estate Administration
Stress-Free Probate
& Estate Administration
Book Your Free Case Assessment
Probate Law
Administering a deceased estate carries significant legal responsibility. As an executor, you are required to deal with the Supreme Court, financial institutions, property transfers and beneficiary distributions — often during an already difficult time.
Probate is not simply a formality. It requires strict compliance with court rules, mandatory notice periods and accurate documentation. Errors can cause delays, rejected applications or unnecessary stress.
Benchmark Lawyers provides clear, structured guidance through every stage of the process. We assist with:
- Assessing whether probate is required
- Reviewing the Will and confirming executor authority
- Preparing and lodging all Supreme Court documents
- Managing statutory notice requirements
- Communicating with banks and asset holders
- Advising on property sales and asset transfers
- Supporting final distribution to beneficiaries
For standard uncontested estates, we offer fixed professional fees so you know the legal costs upfront. In most cases, our fees are paid directly from the estate once probate is granted — meaning you are not required to use your personal funds to begin the process.
Whether the estate is straightforward or involves property, business interests or interstate assets, we provide practical advice and steady support from start to finish.
If you have been appointed as an executor, or are unsure what steps to take next, a short consultation can provide clarity and direction.
Not sure where to start?
Download our 10-Minute Executor Checklist.
Probate FAQ
Not always. In 2026, probate is typically required if the deceased held sole assets—such as real estate, shares, or bank accounts—exceeding institutional thresholds (usually $50,000 to $100,000). Assets held as “Joint Tenants” or small estates may bypass probate through a simplified death notification process.
For an uncontested estate in New South Wales, the timeline is generally 6 to 12 weeks. This includes a mandatory 14-day notice period, document preparation, and court processing time. Delays often occur due to complex assets, international holdings, or errors in the initial application.
Filing fees are calculated on a sliding scale based on the gross value of the assets in the estate. You should also budget for the cost of the mandatory legal advertisement on the Court’s registry.
You can list the property and exchange contracts “subject to the Grant of Probate,” but you cannot legally settle the sale or transfer the title until the Supreme Court issues the Grant. This process ensures the executor has the legal authority to sign the transfer documents on behalf of the deceased.
If a person dies without a valid Will, you must apply for Letters of Administration rather than Probate. The court will appoint an administrator (usually the next of kin) to distribute the estate according to the Laws of Intestacy, which prioritize spouses and children in a specific legal order.