Are we even allowed to sell yet?
Probate, ownership and signing authority can affect when a sale can safely move.
Probate or title timing: if a property sale, transfer or settlement is waiting on authority, start with the ownership and probate status.
Start property enquirySydney deceased estate conveyancing
Estate Plans: grief does not need legal messes!
Protect your loved ones! When someone dies, the estate can quietly become the hardest part of the loss. A house to transfer. Shares to untangle. A trust to administer. An executor caught between grieving family, real estate agents, buyers, banks — and sometimes, a dispute nobody saw coming. You shouldn't have to become a lawyer to get through it. We'll deal with the legal issue, so you can deal with everything else.
Saledeceased estate property
Transferbeneficiary or surviving owner
Probatesettlement timing and authority
Executorsigning, title and next steps
What people are really asking
You are not just selling a property. You are carrying the estate.
You are trying to do the right thing. But one missing document, one unclear signature or one family disagreement can turn a straightforward property transaction into weeks of stress.
Who signs if the owner has passed away?
The answer depends on title, the will, executor authority and whether a grant is needed.
What if one sibling wants to sell and another does not?
Family pressure can change the risk profile of an otherwise ordinary transaction.
Property pathways
We help you work out the property pathway before the pressure builds.
You tell us what happened. Aquarius Lawyers helps you understand what can happen now, what needs to wait, and what documents need to be ready before the property can be sold, transferred or settled.
Deceased estate sales
You want to sell without settlement falling apart because probate, title or signing authority was not ready.
Survivorship and title transfers
You need the property records updated after death so the title reflects who now owns it.
Executor property support
You are responsible for the property and need clear guidance on contracts, signatures and timing.
Estate-planning support
Estate support that stays clear when everything else feels complicated.
Aquarius Lawyers can help with the decisions, documents and administration that sit around an estate — before pressure turns into delay or disagreement.
Estate Plans
Will, Enduring Power of Attorney (for financial decisions if incapacitated), and Enduring Guardianship (for physical care and living wills).
Shares & Assets
Shareholdings, business interests, and complex asset structures don't pause for grief. We identify what's owned, what's owed, and what needs to move — cleanly and correctly.
Probate & Estate Administration
Grants of probate. Title transfers. Executor duties done properly, and on time. We handle the process so the estate moves forward — not sideways into delay.
Disputed Estates
Family provision claims. Contested wills. Disagreements between beneficiaries and executors. When an estate becomes a dispute, you need someone who can fight for what's fair — without making things worse.
Trusts
Testamentary trusts, family trusts, superannuation death benefits — trust structures can outlive the person who made them, and outlast the patience of everyone managing them. We make sure they are administered exactly as intended.
Asset Protection
Ensure your family are protected. If you own a company, have a Corporate Power of Attorney.
Client feedback
Clear support across estate planning and property services.
Read how Aquarius Lawyers has helped clients plan for their families, manage estate matters and move property transactions forward.
Estate Planning Testimonials
The team made what seemed like a daunting process incredibly straightforward. They took the time to understand our family circumstances and prepared an estate plan that gives us complete peace of mind. Their advice was practical, compassionate and easy to understand.
From our first meeting, we knew we were in capable hands. Every detail of our Wills, Powers of Attorney and Enduring Guardianship was explained clearly, and we felt confident that our family's future was protected. We couldn't recommend them more highly.
We appreciated the personalised approach and attention to detail. Rather than providing a standard solution, they developed an estate plan that reflected our wishes and protected our assets for future generations. Outstanding service from start to finish.
As business owners, succession planning was one of our biggest concerns. The team helped us integrate our business succession strategy with our estate planning, ensuring a smooth transition in the future for our family and the business. Their expertise gave us confidence that everything was structured correctly for the future.
Unexpectedly losing our loved one was not easy, but the guidance we received throughout the probate process made an incredibly difficult time much more manageable. Every step was handled and we always knew what to expect. We are truly grateful for the support.
As executors of the estate, we were unsure how to move forward when disputes arose between beneficiaries and non-beneficiaries. The team at Aquarius Lawyers provided clear legal advice, remained focused on our role as Executors, and helped resolve the dispute with limited conflict. Their professionalism and expertise meant we were able to move forward during a very stressful time.
Property Services
Buying my first home felt overwhelming, but the team made the entire process so much easier. They explained every stage of the conveyancing process in plain English from the get-go, kept me informed throughout, and ensured settlement went through without a hitch. I felt supported from contract review right through to collecting the keys.
Selling our family home after more than 20 years was an emotional experience. The team handled everything professionally and efficiently, communicating regularly and taking care of every legal detail. Settlement was completed on time, and we couldn't have asked for a smoother experience.
Purchasing our commercial premises was a significant investment, and I wanted to be certain everything was done properly. The advice I received was thorough, practical and commercially focused. Every contract clause and potential risk was clearly explained, giving me complete confidence throughout the transaction.
I've purchased several investment properties over the years, and this was by far the most seamless conveyancing experience I've had. The team was proactive, responsive and always one step ahead, making sure deadlines were met and keeping the transaction moving. I'll definitely be using them again for future investments.
Buying property through my Self-Managed Super Fund required specialist knowledge, and I'm so pleased I chose this firm. They worked closely with my accountant and financial adviser to ensure everything complied with the legal requirements. Their expertise gave me confidence that my SMSF purchase was structured correctly from the outset.
I was managing multiple property settlements at the same time and needed a legal team I could rely on. They were organised, responsive and incredibly thorough, ensuring each transaction was completed efficiently and without unnecessary delays. Their attention to detail and excellent communication made what could have been a stressful process remarkably straightforward.
Why this matters
You do not want the house to become the thing the family breaks over.
You want the estate handled properly. You want fewer late-night messages, fewer checking-in calls and fewer half-understood legal terms being thrown around by people who are grieving, worried or impatient.
- Know what is happening now.
- Know what must wait for authority or title updates.
- Know what could go wrong before it does.
How it works
You get a clear path before the next demand lands.
You do not need a perfect brief before you ask. Start with the ownership, probate status, deadline and what you want to happen to the property.
- Step 1Check
You tell us who passed away, how the property was owned, and what paperwork you already have.
- Step 2Timing
You get clarity on whether probate, title, signing authority or settlement timing needs to happen first.
- Step 3Property
You know whether the path is sale, transfer, survivorship, or coordination with an estate solicitor.
- Step 4Next
You move with a practical next step, fewer loose ends, and fewer settlement surprises.
Questions before you act
You can ask before you know the legal words.
This page provides general information only. Legal advice depends on the ownership, documents, probate status and family circumstances.
Can we sell before probate is granted?
Sometimes you can prepare the property for sale before probate is complete, but settlement usually depends on having the right authority in place. We can help you work out what can move now and what needs to wait.
What if the property was jointly owned?
A survivorship process may apply instead of the usual probate pathway. We can help update the property title so the records match reality.
What if there is a dispute between beneficiaries?
If the estate is contested, you may need advice from an estate lawyer. We can still help with the conveyancing side once the authority and pathway are clear.
What is an executor responsible for?
An executor usually needs to locate and value assets, pay valid debts and any applicable taxes, obtain a grant of probate if required, and distribute the estate according to the Will and the law. They are also responsible for handling the estate carefully, including any property transaction.
How long does probate usually take?
There is no single timeframe. It depends on the estate's complexity, whether the application is complete, court processing times and whether disputes or asset issues arise. A straightforward matter may take months, while complex or contested estates can take longer.
Can you work with our estate solicitor?
Yes. Aquarius Lawyers can work alongside the estate lawyer, agent, broker or executor so the property transaction does not get stuck between everyone's inboxes.
Is this page legal advice?
No. This page provides general information only. Legal advice depends on the facts of your matter.
Get the property unstuck
The estate is complicated. Getting help with it shouldn't be.
You just need to know what position the property is in, who may have authority and what has to happen before sale or transfer.
Tell Aquarius Lawyers who passed away, how the property was owned, probate status, and what decision is coming up.