Probate is applying to the Supreme Court to have a deceased person’s Will validated. One of the first issues an Executor of a deceased Estate should consider is if they need to get probate.
Our Probate QLD Lawyers represent Executors throughout Queensland, Australia and overseas to get Grants of Probate in Queensland.
Below are answers to common questions regarding Probate QLD Applications.
WHAT IS PROBATE?
Probate is a legal document from the Supreme Court of Queensland proving a Will is valid. To get the last Will of the deceased validated, you must make a Probate QLD Application to the Supreme Court of Queensland. A Grant of Probate confirms your authority to administer the Estate.
DO YOU NEED TO GET PROBATE?
An Executor in Queensland will often get Probate because a bank or share registry has told them they need it. If the Executor does not get the Probate, then the bank will not release Estate funds. If a person has made a claim against the Will, the Executor may need to get Probate in Queensland to confirm the validity of the provisions in the Will.
It is not necessarily the case that a Grant of Probate will be required in every Estate. There are certain benefits to an Executor getting Probate. An example is, where the Executor gets Probate and is protected against a later claim that the Will is not the last Will of the deceased.
We know each Estate is different. Contact our office and to speak to our experienced Probate QLD Lawyers to get advice about the best way forward for your circumstances.
WHO GETS PROBATE IN QUEENSLAND?
A Probate QLD Application will normally be started by the Executor of the last Will of the deceased. There may be times when an application for a Grant of Letters of Administration needs to be made to the Supreme Court of Queensland. A Grant of Letters of Administration may be needed if:
* there is a Will, but it does not name an Executor.
* the Will names an Executor, but the person has already died.
* the Will names an Executor, but they can no longer perform the role of Executor.
HOW DO YOU APPLY FOR A GRANT OF PROBATE?
The process of a Probate QLD Application includes:
- Advertising a notice of intention to apply for a grant in the Queensland Law Reporter.
- Serving a copy of the notice on the Public Trustee of Queensland.
- Preparing court documents to file in the Supreme Court of Queensland. These documents include the Application, an Affidavit of Executor, an Affidavit of Publication and exhibits (including the original Will and Death Certificate).
- The Application and associated documents can not be filed in the Supreme Court of Queensland until after a period 14 days has passed from the date when the notice of intention to apply was advertised.
- Responding to any queries raised by the Court about the Application.
- Receiving the sealed grant of Probate.
HOW LONG DOES IT TAKE FOR A GRANT OF PROBATE TO BE FINALISED?
Once your Probate QLD Application has been filed in the Supreme Court, it takes approximately 4 to 6 weeks for the Court to review your application and issue the Grant of Probate.
HOW MUCH DOES PROBATE COST?
If you want to apply for Probate in Queensland, you will incur the following costs:
- Our professional fees, which are detailed below;
- Queensland Law Reporter Advertising Fee of $161.70; and
- Supreme Court Filing Fee of $735.60 (if you have a current government concession card you can apply for a reduced filing fee of $134.20).
CONTACT US TODAY
If you need help applying for Probate, our expert Queensland Probate Lawyers are here to help.
Our expert Probate QLD Lawyers are here to solve your Probate queries. Please call us on 1800 529 000 or submit the form below so we can assist you with your enquiry.
For all your Wills & Estates needs
We are a full service legal practice and can assist you with all of your Wills and Estates queries. For more information on some of our other legal services please click on the links below.
HOW MUCH DOES PROBATE COST?
As a client-orientated law firm we offer a fixed fee Probate service.
- Our Premium Probate service. Our experienced Probate QLD Lawyers attend to all processes in completing your Probate Application.
♦ 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.
* price inclusive of GST, but excludes disbursements. T & C apply.
No matter where you are, if you need a Queensland Grant of Probate, we can help you!
Phone: (07) 3172 7100
Fax: (07) 3054 7390
Address: Level 54, 111 Eagle Street, Brisbane, QLD 4000
IPSWICH & SPRINGFIELD OFFICE
Phone: (07) 3050 7148
Fax: (07) 3054 7390
Address: 5/22 Magnolia Drive, Brookwater QLD 4300