Florens Florens Integrative Family Law
Expertise

Probate and estate administration

When someone close to you dies, the paperwork can feel overwhelming. We guide executors and families through probate and administration, so the estate is handled properly and you can focus on your family.

Book a free discovery callCall 1300 739 954

Start with a free 20-minute discovery call. Meetings across Australia, in person or online.

Dr Suvarna Variyar in conversation with a client

Probate is the court’s confirmation that a will is valid and that the executor has authority to deal with the estate. Banks and land registries usually require it before releasing assets.

Where there is no will, or no executor able to act, a family member applies for letters of administration instead.

Estates often involve a former partner, a blended family or an unfinished property settlement. Our family law background means we see those issues early.

A woman walking alone along a riverside path

When a separation was not finalised

If someone dies after separating but before a property settlement, the estate may be able to continue or start a claim. Time limits and special rules apply.

We advise executors and surviving partners on where they stand.

Property settlements

How we can assist

From a simple estate to one with complications, we can take on as much or as little as you need.

Grants of probate

Applying to the Supreme Court in the right state or territory.

Letters of administration

Where there is no will or no executor.

Executor advice

Your duties, your risks and how long it takes.

Learn more

Collecting assets

Banks, shares, property and superannuation.

Debts and tax

Paying liabilities and final tax returns.

Distributing the estate

Paying beneficiaries at the right time.

Unfinished property settlements

Estates where a separation was not resolved.

Learn more

Claims against the estate

Responding to a family provision claim.

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Many executors wait until the time for family provision claims has passed before distributing the estate. We explain the time limits that apply.

How estate administration works

The usual steps, from the will to final distribution.

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  1. Find the will

    Locate the original will and identify the executor.

  2. Value the estate

    List assets and debts, and what passes outside the will.

  3. Apply for the grant

    Publish any required notice and apply to the Supreme Court.

  4. Collect assets

    Close accounts, sell or transfer property and claim entitlements.

  5. Pay debts and tax

    Settle liabilities and lodge the final tax returns.

  6. Distribute

    Pay beneficiaries in line with the will or the law.

Administering an estate?

Talk to us about the steps and what to expect.

Book a free discovery callor call 1300 739 954

Why executors ask for help

The role carries personal responsibility.

Personal liability

Executors can be personally liable for mistakes in distribution.

Family tension

An independent adviser can reduce conflict between beneficiaries.

Time

We handle the paperwork so you can focus on your family.

Who you’ll work with

Laura Dowling
Special Counsel, Practice Lead

Laura Dowling

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Dr Suvarna Variyar
Senior Associate, Family Law

Dr Suvarna Variyar

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Rachael Aydami
Senior Associate, Family Law

Rachael Aydami

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Dan Farkhutdinov
Solicitor, Family Law

Dan Farkhutdinov

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Meet the whole team

Common questions about probate and estate administration

Do all estates need probate?

No. Small estates, or assets held jointly, may not need it. Banks and land registries set their own thresholds, so we check what applies.

How long does probate take?

A straightforward grant can take a few months. The whole administration often takes six to twelve months, and longer if there is a dispute.

What if there is no will?

A close relative applies for letters of administration, and the estate is distributed under the intestacy rules of the relevant state or territory.

Can an executor also be a beneficiary?

Yes. This is very common. The executor must still act fairly for all beneficiaries.

Can I refuse to be an executor?

Yes, if you have not yet started acting. You can renounce, or another executor can act alone.

Is superannuation part of the estate?

Not always. Super is paid by the trustee under a nomination or at its discretion, and may be paid directly to dependants.

Related expertise

Steady support for executors and families.

Talk to us about the estate and we will explain what needs to happen and when.

Book a free discovery callCall 1300 739 954
Privacy

Privacy policy

Updated October 2026

SJ Law Pty Ltd trading as Florens Family Law (“Florens Family Law”, “we”, “us”, “our”) is committed to protecting your privacy. This policy explains how we collect, use, disclose, store and protect your personal information, and how you can access or correct it.

We are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth). As solicitors, we also owe you duties of confidentiality and protect legal professional privilege. A copy of the APPs is available from the Office of the Australian Information Commissioner at www.oaic.gov.au.

What personal information we collect

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable. Depending on your matter, we may collect:

How we collect it

Where reasonable and practicable, we collect personal information directly from you, in meetings, phone and video calls, emails, forms and through our website.

We may also receive information from others where this is needed for your matter, including the other party or their lawyers, courts, barristers, expert witnesses, family report writers, mediators, financial institutions, government agencies and other professionals you have authorised us to contact. If we receive information about you from someone else, we will take reasonable steps to let you know.

Family law matters often involve information about people who are not our clients. We handle that information with the same care, and only for the purposes of the matter.

Why we collect, use and hold it

If you choose not to provide information we reasonably need, we may not be able to act for you.

We only use sensitive information for the purpose it was provided, for a directly related purpose you would reasonably expect, with your consent, or where required or authorised by law.

When we disclose it

Subject to our professional obligations, we may disclose personal information:

We do not sell personal information.

AI-assisted tools

We use artificial intelligence (AI) tools to help us work efficiently, for example to draft and review documents, summarise material, assist with research and transcribe meetings. These tools support our lawyers. They do not replace legal judgement.

Overseas recipients

Some of our service providers may store information on servers outside Australia. Where that happens, we take reasonable steps to make sure your information is protected in a way consistent with the APPs. Otherwise, we will only send your personal information overseas with your consent, where it is needed for your matter (for example, where there are overseas assets or an international parenting issue), or where required by law.

Marketing and communications

From time to time, we may send you information about our services, insights and events, or promotional material from our trusted referrers or related entities within the Florens Group. We only use your contact details for this, never information about your matter, and we do not pass your details to other organisations for their own marketing. You are welcome to opt out at any time, by using the unsubscribe link in any of our emails or by letting us know.

Our website

When you use our website or enquiry forms, we collect the details you choose to give us. Our website may also use cookies and analytics tools to understand how the site is used, such as which pages are visited. This information does not identify you, and you can turn cookies off in your browser settings.

How we store and protect it

We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. This includes secure electronic systems with access controls and multi-factor authentication, and secure storage of any paper records.

We keep client files for at least seven years after a matter ends, or longer where the law or the nature of the matter requires. After that, we securely destroy or de-identify the information.

If a data breach occurs that is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner as required under the Notifiable Data Breaches scheme.

Accessing and correcting your information

We take reasonable steps to keep your personal information accurate, complete and up to date. Please let us know if anything changes or is incorrect.

You can ask to access the personal information we hold about you by contacting us in writing. We may need to confirm your identity first. There is no fee to make a request, but we may charge a reasonable fee for providing copies.

In limited circumstances permitted by the APPs, we may refuse access, for example where it would unreasonably affect another person’s privacy, where the information relates to existing or anticipated legal proceedings, or where giving access would be unlawful. If we refuse, we will explain why in writing.

Questions and complaints

If you have a question or complaint about how we handle your personal information, please contact our Privacy Officer:

Florens Family Law
reception@florens.com.au
1300 739 954

We will aim to respond within 30 days. If you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or at www.oaic.gov.au.

Changes to this policy

We may update this policy from time to time. The current version is always available on our website.

Website disclaimer

The information on this website is general in nature and is not legal advice. Family law outcomes depend on individual circumstances, so please get advice about your own situation before acting on anything you read here. We aim to keep content current, but we cannot guarantee it is accurate or complete at the time you read it.

Using this website, or contacting us through it or by email, does not create a solicitor-client relationship. That relationship begins only once we have confirmed in writing that we will act for you. Please do not send confidential or sensitive documents until we have confirmed that we can act for you.

Links to other websites are provided for convenience. We are not responsible for their content or their privacy practices.

To the extent permitted by law, we exclude liability for any loss arising from use of this website or its content. Liability limited by a scheme approved under professional standards legislation.