PROBATE QLD LAWYER

What is Probate QLD?

 

If you have been named Executor in a Will, you probably have many questions about getting a Grant of Probate. In Qld, the Supreme Court may validate a deceased person’s Will by a Grant of Probate. Probate is the Order issued by the Qld Supreme Court that validates the deceased’s Will and the named Executor’s authority to deal with the deceased’s assets (deceased estate).

 

Must I get Probate Qld?

 

No, it is not mandatory to get Probate in Qld. Generally, Probate is obtained so that the Executor can deal with the deceased’s assets.

Third parties (such as financial institutions or nursing homes) often request Probate before releasing the deceased’s assets. This ensures they pay the deceased’s assets to the correct person (the Estate’s Executor).

There are some situations in Queensland where a grant of Probate may not be needed:

1. There are a small amount of funds in a bank account.
2. There is real estate to be transferred to a beneficiary in the Will.
3. The deceased’s assets are held in joint names with a survivor of the deceased.

 

It is best to get legal advice if you are unsure whether you need to obtain a Grant of Probate or Letters of Administration. Obtaining legal advice early on can make the process much easier for you during this difficult time. It will also ensure the probate process starts soon to avoid delays. 

 

What if there is no Will?

 

If the deceased person died without a Will, then they died intestate. In such situations, the Supreme Court of Queensland can grant Letters of Administration to personal representatives to deal with the deceased estate. Learn more about Letters of Administration Applications here.

 

What if the Executor named in the Will has died or doesn’t want to act?

 

Suppose the Will does not validly appoint an Executor. In that case, applying to the Supreme Court for Letters of Administration with the Will may be necessary. This enables the Court to validate the deceased person’s Will while appointing an appropriate person as Administrator of the Estate.

Suppose the Executor named in the Will does not want to act. In that case, they can sign a Renunciation to step aside as Executor.

 

When can I apply for Probate?

 

Once you have the original Death Certificate from the Registry of Births, Deaths and Marriages, you can apply for Probate.

You can apply for a Qld Death Certificate here https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/birth-death-and-marriage-certificates/death-certificates/applying-for-a-death-certificate

 

What is the process for Probate Qld?

 

There are several steps involved in applying for Probate in Qld. Probate Applications can be complex, and we recommend you engage an experienced Probate Lawyer to assist you with your Application to ensure no delays in granting Probate.

The steps involved in applying for Probate Qld include:

1. Obtain an original Death Certificate from the Registry of Births, Deaths and Marriages.

2. Obtain the original Will.

3. Advertise Notice of Intention to Apply in the Queensland Law Reporter. You must wait 14 days after your Notice has been published before you can file your Application in the Supreme Court.

4. Serve a copy of your Notice on the Public Trustee of Queensland. You must wait seven days after your Notice has been published before you can file your Application in the Supreme Court.

5. Prepare and sign your Court documents. This includes the Application Form, supporting Affidavit and Affidavit of publication and service.

6. Once the relevant time frames have been complied with, you can file your Probate Application in the Supreme Court of Queensland.

7. Pay the Court filing fee. You must pay the Court filing fee when you file your Application in the Supreme Court. As of 1 July 2023, the standard filing fee is $793.00. Certain concession card holders can apply for a reduced Court filing fee. The reduced Court filing fee is currently $144.70.

 

 

How long does Probate Qld take?

 

Generally, a Grant of Probate takes 6 to 8 weeks to be issued in Queensland.

 

How much does Probate cost in Qld?

 

The costs for obtaining Probate in Qld can be summarised as follows:

1. Queensland Law Reporter Advertising Fee of $161.70.

 

2. Supreme Court Filing Fee of $793.00 (or $144.70 for relevant concession card holders).

 

3. Solicitors Fees.  These vary from firm to firm.

FIXED FEE PROBATE QLD SERVICE

 

As a client-orientated law firm, we offer a fixed-fee Probate service. This means you will know up-front what we will charge you; there are no hidden fees. Our experienced Probate QLD Lawyers attend to all processes in completing your Probate Application.

 

What’s included in our Fixed Fee Probate Qld Service?

 

♦ Review of Death Certificate and Will.

♦ Drafting of advertising notice.

♦ Drafting of all letters.

♦ Advertising arrangements.

♦ Drafting of Supreme Court documents.

♦ Filing of Probate Application in the Supreme Court.

♦ Responding to any questions raised by the Probate Registrar.

♦ Collecting the original Grant of Probate from the Supreme Court and forwarding to you.

A professional complete full-service option designed to give you peace of mind.