HOW LONG DOES IT TAKE TO GET PROBATE IN QUEENSLAND?
The process of getting a grant of Probate in Queensland can be complicated. We strongly recommend you engage a lawyer to avoid delays in administering the Estate.
Step 1: Advertise your intention to get a grant of Probate
In Queensland, you must advertise your intention to get a grant of Probate in the Queensland Law Reporter (QLR).
The type of information you need to include in the Notice of intention to apply for grant is as follows:
- The type of grant you are applying for.
- The date of the Will.
- The deceased’s name including any aliases they had.
- The last known address of the deceased.
- The name of the person who is making the application.
- The name of the person or law firm who is lodging the form.
- The registry of the Supreme Court where the application for Probate is being made.
The Queensland Law Reporter is published each Friday. To advertise your Notice, a copy of it must be given to the Queensland Law Reporter by 3:30pm on the Monday before it is published.
Step 2: Serve a copy of the Notice of intention to apply for Grant on the Public Trustee of Queensland
You must give a copy of the completed Notice of intention to apply for Grant to the Public Trustee of Queensland. The notice can be given to the Public Trustee by post, fax, email or delivering it to them in person.
You must wait seven days to pass from the time you served your Notice on the Public Trustee of Queensland before you file your Application in the Supreme Court.
Step 3: Give people time to object to the Application for Probate
You must wait 14 days to pass from the time your Notice of intention to apply for a Grant is published in the Queensland Law Reporter. The reason for this, is to allow anyone who wants to object to your application to do so.
What happens if someone objects to my Application for Probate?
Anyone who claims to have an interest in the deceased’s Estate can file a caveat in the Court. When a person wants to object to Probate being granted to the applicant, they file a caveat in the Court. If the person lodging the caveat has evidence, the court will not issue the Probate until the claim is resolved.
Step 4: Filing your Application for Probate in the Supreme Court
You can file your application in the Supreme Court once 14 clear days have passed from the time your Notice of intention to apply for a Grant was published in the Queensland Law Reporter and 7 clear days have passed since you served the Public Trustee of Queensland. The documents ordinarily filed in the Court are:
- The Application form.
- Affidavit by the Executor.
- Affidavit of Publication and Service.
- The original Will.
- The original Death Certificate.
Step 5: Perfection of the Grant of Probate
Once the Supreme Court grants your application for Probate (i.e. the Court approves it), the physical Probate document needs to be produced (perfection of the Probate). The Probate is checked, printed, signed by the Registrar and the Court seal is placed on it.
CONTACT US TODAY
If you need help applying for Probate, our expert Queensland Probate Lawyers are here to help.
Call us toll free on 1800 529 000 or complete the form below and we will call you back.
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