Finding the right estate solicitor

What does an estate solicitor do?

An estate solicitor assists the executor through the legal steps of estate administration. This typically includes advising on whether probate is required, preparing and lodging the probate application, drafting the notices required by law, managing correspondence with financial institutions and government agencies, preparing estate accounts, and advising on distribution to beneficiaries.

They can also advise on more complex matters: whether the will is valid or likely to be challenged, how to handle disputes between beneficiaries, what tax obligations the estate has, and how to deal with unusual assets such as a business interest, overseas property, or digital assets.

An estate solicitor is different from the solicitor who drafted the will. Many people make the mistake of automatically returning to the will-drafter for estate administration. That solicitor may be excellent, or they may have no estate administration experience at all. Ask specifically about their experience with the administration process, not just with wills.

How do you find an estate solicitor?

The Law Society in your state or territory maintains a referral service that can connect you with accredited estate solicitors. Accreditation in Wills and Estates is a specialist designation that indicates genuine expertise. Start there if you have no existing referral. Victoria Legal Aid at legalaid.vic.gov.au also publishes a plain-language guide to choosing an estate solicitor, and similar free resources are available through legal aid bodies in other states.

Personal recommendations from people who have been through the process recently are often the most useful guide. Ask your accountant, financial adviser, or GP if they can refer you to an estate solicitor they have worked with. The 18December specialist finder also lists estate solicitors.

Many estate solicitors offer a free or low-cost initial consultation. Use this to assess whether they communicate clearly, whether they understand your specific situation, and whether you feel comfortable working with them over what may be a process of several months.

How do estate solicitor fees work?

Estate solicitors charge in different ways. Some charge an hourly rate. Others charge a fixed fee for specific tasks such as the probate application. Some charge a percentage of the estate value, which can be very expensive for large estates. Always ask upfront how fees are calculated and request a written estimate before engaging.

A fixed-fee arrangement for defined tasks gives you cost certainty and aligns the solicitor's incentive with completing the work efficiently. Hourly billing gives them less reason to move quickly. Ask whether a fixed fee is available, at least for the probate application.

Solicitor fees are a legitimate expense of the estate and are paid from estate funds before distribution to beneficiaries. They are not the executor's personal expense. Make sure beneficiaries understand this if they ask about legal costs.

What should you ask before engaging a solicitor?

Ask how long they have been doing estate administration work (not just wills). Ask for a written fee estimate, broken down by task. Ask who will actually be doing the work: in some firms a senior solicitor takes the initial call but junior staff handle the matter. Ask how they communicate and how often you can expect updates.

Ask what they need from you before they can start, and what the first steps will be. A solicitor who can give you a clear answer to all of these questions is one who has done this work many times before.

If a solicitor makes you feel rushed, gives vague answers about fees, or cannot explain the process clearly, look elsewhere. The executor needs a solicitor they can trust and communicate with openly.

How do you work with an accountant alongside your solicitor?

For most estates, the solicitor handles the legal side and an accountant handles the tax obligations: the date of death tax return, any estate trust tax returns, and capital gains tax advice when selling assets. These two professionals need to work together, and you as executor are the link between them.

Tell your solicitor early that you also have an accountant involved, or ask them to recommend one if you do not. The solicitor cannot give you tax advice and the accountant cannot give you legal advice. You need both.

If the estate is complex, a financial planner may also be helpful, particularly if a surviving partner needs advice on how to restructure their own finances following a significant inheritance or change in circumstances.

When might you not need a solicitor?

For very simple estates where all assets were held jointly, there is no real property in the sole name of the deceased, and all financial accounts are below the institutions' thresholds, it may be possible to administer the estate without a solicitor. Each state's Supreme Court provides self-help guides for straightforward probate applications.

Even in simple estates, a single paid consultation with an estate solicitor to confirm your understanding and ask specific questions is money well spent. The alternative is proceeding on assumptions and discovering an error when it is difficult to correct.

If there is any dispute, complexity, or significant assets involved, do not attempt to handle the administration without professional legal guidance. Executors can be personally liable for errors in estate administration, including distributing assets before settling all debts.