Does anyone have experience in NSW in dealing with a family members estate with no will - specifically the costs associated with engaging a lawyer to seek a grant of probate and distribute the estate. What did you pay for this work? Thanks!
An Estate with No Will - What Do Lawyers Charge?
CouponQueen on 11/08/2021 - 22:58
Last edited 11/08/2021 - 23:02
Last edited 11/08/2021 - 23:02
Comments
Interesting. Do you do your own plumbing/electric/mechanics? These matters certainly have a higher $ risk.
It really depends on the size of the estate. If the person had SFA then it won't be hard
Can you settle the affairs without the need for a lawyer?
Happy to provide a few contacts. PM if you need/like.Just ring your local law firms and ask.
If the beneficiaries are OK to proceed without a lawyer (get it in writing) then just proceed and do it. It all depends how many beneficiaries there are and whether they might be difficult or not. Get every major event agreed in writing.
Unless the deceased person left some cash and a PlayStation, good luck with that method.
Would a government department let you transfer or sell the house of the deceased because A, B and C agreed with it in writing?
Would a bank let allow you to withdraw all the money from that same deceased person?
How do you sell a car without relevant authority?
What he is saying is get the agreement and then proceed to probate.
You need to apply for letters of administration:
https://www.tag.nsw.gov.au/deceased-estates/find-will/dying-…
https://www.supremecourt.justice.nsw.gov.au/Pages/sco2_proba…Looks pretty straight forward and unlikely to need a lawyer.
an arm and a leg
As ever, there is no simple answer to this.
The answer will be a function of, amongst other things, the overall size and complexity of the estate, the number of beneficiaries and their attitude to how assets should be divvied up (including the attitude of their spouses/partners, etc.), questions/complications that arise along the way …
You need to speak with a few lawyers and see what they have to say.
Pro tip here is to get all the beneficiaries together beforehand to understand their position … and where possible have them all attend discussions with the appointed lawyer so it's all happening first hand. It won't guarantee against strange behaviour, but will at least mitigate against it.
If the estate is not complex there is no need for a solicitor and you can do it yourself. Search for Letters of Administration.