The useful starting point
Identify your role and the documents first. Do not assume access to an asset means authority to distribute it.
After a death, an executor or family member may face many administrative requests at once. The first legal meeting can help identify the role you hold, the documents available and the work that needs assessment. Explain whether you are named in a will or are making an enquiry because the position is unclear. This guide organises preparation and does not determine authority, a grant requirement or who is entitled to an estate.
01 / Practical step
Explain your role and the will documents
Tell the lawyer what will or related documents you know about, whether you hold originals and whether someone else has a copy. Do not mark or alter original documents. If there are different versions or uncertainty about where the original is held, explain that directly. Ask the office how it wants documents delivered and which identity or death records it needs. Being the person who makes the enquiry does not necessarily establish that you can give all instructions.
02 / Practical step
Create an information inventory
List assets, liabilities and organisations you believe may be relevant, with the source of each entry. Mark estimates and unknown ownership details clearly. An account in a person’s records does not by itself settle how it is treated after death. Ask the lawyer what documents are needed to assess ownership and the estate’s scope. Include interstate connections rather than assuming that one address determines every aspect of the work.
03 / Practical step
Separate immediate requests from administration stages
Keep any letters requesting a decision or document in date order and identify the sender. Ask which requests need attention and who will respond. Discuss the potential stages of the legal engagement: initial advice, any application, administration assistance and later questions. Do not treat a quote for one stage as an all-inclusive estate fee. Ask which external expenses and additional work may arise, and how changes will be explained.
04 / Practical step
Agree communication and authority arrangements
Ask who the lawyer’s client will be, which person provides instructions and how information will be shared. If there are co-executors or family disagreements, disclose them early. A professional may need to clarify roles before acting. Avoid promising beneficiaries a distribution date based on a general online timeline. Ask the adviser how to give factual progress updates while matters remain uncertain.
05 / Practical step
Illustrative example: assets in two states
A person named as executor finds a will, bank correspondence and information about an interstate property. They list those records and ask the lawyer to assess what additional enquiries and work may be needed. They compare a quote for an initial application with one that describes broader administration assistance. The invented example does not decide whether a grant or another process is required; it shows why the asset inventory and scope belong together.
- Will documents and where originals are held
- Your role and any co-executors
- Asset and liability information with uncertainties marked
- Correspondence requiring attention
- Questions about stages, costs and communication
06 / Practical step
Keep an administration question log
Use a simple list for questions from institutions, family members and other advisers. Record the document or source behind each question and whether the lawyer has answered it. Avoid merging assumptions with confirmed instructions. Ask how often the office will provide progress updates and which changes it needs to know about. This gives you a manageable communication record without implying that a general checklist determines your powers or duties.
Clear answers
Questions before you take the next step
Does every estate require the same application?
No. Ask the lawyer to assess the will, assets and jurisdiction rather than assuming a standard process applies.
Is a grant application quote the full administration cost?
Not necessarily. Ask which later administration work and external expenses are included or separately charged.
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.
- ASIC Moneysmart — wills and powers of attorney ↗
National planning overview; document names and requirements vary by jurisdiction. Link and context checked .
General preparation information. No individual legal assessment or professional legal review is claimed. How this content is prepared →