Updated: Oct 13
When someone close to us passes away, the legal processes involved are often a great unknown. Amongst physical and emotional grief, applying for a Grant of Probate can feel overwhelming, especially when the person responsible for managing the estate doesn’t have the funds to cover legal or court costs upfront.
We speak with clients every day who worry about the process's personal financial impact. After all, estate assets are generally paused until funds are disbursed towards the end of a matter. This is often months, and sometimes years, after the process has started.
So what can you do if you’ve been appointed as executor but don’t have access to money to take the first step?
In This Article:
What Is A Grant Of Probate?
A Grant of Probate is a legal document issued by the Supreme Court of Queensland that recognises the executor’s authority to deal with the deceased’s estate. It’s often required before banks will release funds, shares can be transferred or property can be sold. In short, it’s the key to unlocking estate assets and finalising someone’s affairs.
To learn more about this important document, why not check out in-depth article here.
The Common Dilemma: No Upfront Funds
Many executors find themselves in an unenviable position where they need a Grant of Probate to access the estate’s money, but they need the money to apply for the Grant of Probate. It is one of the most common questions our estate lawyers are asked in an initial consultation: "How much will this cost?"
Whilst there is never an exact figure for how much a Grant of Probate will cost, as every estate and application is unique, disputes or other complexities may arise; costs will generally include:
Court filing fees
Legal fees
Probate advertising
Identity verification and document certification
It’s Common To Feel Uncertain At The Start
It’s important to know that struggling with upfront probate costs and the broader legal landscape doesn’t mean you’re doing anything wrong.
In fact, it’s very common for executors to be in this position, especially if:
you weren’t financially close to the deceased
their bank accounts and assets are all in their sole name
the estate includes property or investments that can’t be touched yet
Remember, executors are often close family members, not lawyers or accountants. It’s completely normal to feel a bit out of your depth. After all, that's why you engage a lawyer to guide you through the process and ensure everything is completed properly and efficiently.
At RHC Solicitors, we’re here to support you through this uncertain and often emotional time. We see this situation every day, and our experienced team stands apart by offering full-service estate administration, fast, personal support, and clear guidance at every step.
RHC Solicitors Can Cover The Upfront Costs
We understand not everyone can afford the upfront out-of-pocket costs of Grant of Probate applications.
That's why we’ll pay the necessary costs to obtain the Grant of Probate on your behalf and recover them from the estate when funds become available. We provide a straightforward, compassionate solution and the support you need during what can be a challenging time.
This means you can get the legal process underway without delay, even if you don’t currently have access to funds.
How The Process Works
Initial Consultation We’ll discuss the estate, your needs, and how we can help
We'll Take Care Of Paperwork Our experienced estate team will prepare and lodge your Grant of Probate application
RHC Will Cover Filing Costs (If Required)
We can cover initial court filing fees to avoid any delays
Reimbursement From The Estate
Once estate funds are released, these costs are paid from the estate
As an executor, you can have peace of mind knowing the estate is being handled professionally, efficiently and without unnecessary financial strain.
Need Help With Probate?
If you’ve been named as executor and aren’t sure how to proceed, or if you simply don’t have the funds to cover the process, we’re here to help.
Contact our experienced estate team to learn how we can guide you through every stage, ensure your obligations are met, and help you move forward without the stress of upfront costs. Schedule an initial consultation to get started today.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current, and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication are those of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
RHC Solicitors ©
