Brisbane- (07) 3172 7100 Ipswich- (07) 3050 7148 reception@cravenlawyers.com.au

PROBATE QLD

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Professional.

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Affordable.

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Fixed Fees.

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No Fuss.

Probate is the process of applying to the Supreme Court to have a deceased person’s Will validated.   Whether or not Probate is required is one of the first matters an executor of a deceased estate should consider.

Our expert Probate QLD Lawyers have represented executors of deceased estates throughout Queensland to obtain Grants of Probate.

Set out below are some common questions and answers in relation to Probate QLD Applications.

What is Probate?

Probate is an Order issued by the Supreme Court.  A Probate QLD Application is an application made to the Supreme Court of Queensland to seek that the deceased’s last Will be validated. Obtaining a Grant of Probate also confirms your authority as executor to administer the estate.

Is Probate required?

A Probate QLD Application is often made because an asset holder of the estate has requested that Probate be produced prior to estate assets being released to the executor. If a claim has been made against the terms of the Will, it may be necessary to obtain Probate 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, however, certain benefits to an executor in obtaining Probate.  An example is, where Probate is obtained, an executor is protected against any later claim that the Will is not in fact the last Will of the deceased.

At Craven Lawyers, we appreciate each estate is different. We recommend that you contact us to speak with our experienced Probate QLD Lawyers to obtain advice about the best way forward in your circumstances.

Who applies for Probate?

Ordinarily, the person named as executor in the deceased’s last Will is the person entitled to commence a Probate QLD Application.

If the Will does not name an executor or if the person named as executor has died or is not mentally able to carry out the functions of executor it may be necessary for a person with an interest in the estate to apply to the Supreme Court of Queensland for a Grant of Letters of Administration with the Will. 

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.
  • A copy of the notice must be served on the Public Trustee of Queensland.
  • Preparing the court documentation to file in the Supreme Court of Queensland. This ordinarily includes an Application, Affidavit of Executor, 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 in relation to 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 weeks for the Court to review your application and issue the Grant of Probate.

How much does Probate cost? 

Our fee options for Probate QLD are set out below.  All of our Probate packages are exclusive of disbursements.  Regardless of whether you engage a lawyer to assist you with your Probate Application, all Probate Applications will incur the following disbursements:

 

  • Queensland Law Reporter Advertising Fee of $161.70;
  • Supreme Court Filing Fee of $682.80 (if you have a current government concession card you can apply for a reduced filing fee of $124.50).

Speak With Us Today!

Our expert Probate QLD Lawyers are here to solve your Probate queries.  Please call us on (07) 3172 7100 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? 

Whether you need a little bit of help or a lot our Probate QLD Lawyers have got you covered. 

Our Probate Lawyers have obtained grants of Probate throughout Queensland.  No matter where you are, if you need a Queensland Grant of Probate, we can help you.

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Phone: (07) 3050 7148

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