The useful starting point
The existence of a will is only part of the enquiry. Ask who can apply, whether a grant is needed and which jurisdiction and assets are involved.
Families often use ‘probate’ to describe every task after a death. More precisely, the relevant grant and administration questions depend on the will, the proposed representative and the estate. The Supreme Court of NSW explains probate and letters of administration, including administration with a will annexed. This article helps identify the questions to take to a lawyer; it does not decide who should apply.
Probate concerns a will and an executor
A probate enquiry commonly begins with the will and the executor named in it. Provide the complete document and explain whether the named person is available and willing to act. Do not assume that being mentioned in a will answers every question about authority or the need for a grant. The adviser needs to assess the estate and the relevant requirements.
Administration can arise with or without a will
Letters of administration are not limited to a simple ‘no will’ scenario. The NSW court also describes administration with the will annexed where an executor is not available to apply for probate. Ask the lawyer which situation the documents establish rather than choosing a form based on a generic label. Other jurisdictions have their own processes and requirements.
Assets and location matter to the enquiry
Prepare a list of known assets, liabilities and their locations, identifying what information comes from records and what is uncertain. Do not treat a list as a final determination of what forms part of the estate. Joint ownership, another entity or interstate property may raise separate questions. Ask which records are needed and whether another jurisdiction must be considered.
Separate administration from a dispute
Tell the adviser about disagreement concerning a document, proposed representative, distribution or request for provision. A dispute may change the work needed and should not be hidden inside a quote for an uncontested application. Ask whether the proposed service includes the contested issue or whether it needs independent advice. Avoid assuming all estate participants can use the same lawyer for different interests.
Ask for a staged estate-service proposal
Illustrative example: a family has found a will, but the named executor has died and one asset is interstate. A useful first task is identifying the appropriate authority and documents, not automatically preparing a routine probate application. Confirm whether the later proposal includes grant work, asset collection, accounts, distribution and unresolved disputes. This makes costs and responsibilities easier to compare.
Sources and scope
The linked sources support the official context. Our comparison examples and preparation frameworks are original editorial tools. Examples are illustrative, not reports of client matters.
- Supreme Court of NSW — letters of administration ↗
NSW grant information, including administration with a will annexed. It is not a nationwide application guide. Link and context checked .
- Supreme Court of NSW — probate ↗
Official NSW probate starting point; current forms and requirements should be checked directly. Link and context checked .
General preparation information. No individual legal assessment or professional legal review is claimed. How this content is prepared →