Probate is a court order made by the Supreme Court of Queensland which confirms the deceased’s Will is valid and gives permission to the executor to distribute the estate as detailed in the deceased’s Will.
In most cases the deceased’s property cannot be distributed until you apply for and are granted probate by the Supreme Court of QLD.
If you are named as an executor in a will, you should apply for a Grant of Probate QLD at the Supreme Court of QLD within six months from the date of death of the deceased. As a general rule, an Executor is expected to complete the estate administration within 1 year of the date of death, which is known as the Executor’s Year.
Regardless of the size of the estate, you should consider meeting with a Probate Solicitor to discuss your obligations and duties as Executor of an estate. The experienced team at Will and Estate Lawyers Australia can help you obtain probate for just $825 (EOFY special).
Applying for Probate QLD
There are several steps you must take before the court will grant probate:
- Advertise the Executor’s intention to apply for probate in the Queensland Law Reporter at least 14 days prior to filing the probate application. Wait to see if anyone objects to the application by filing a probate caveat.
- Give notice in the approved form to The Public Trustee of Queensland at least 7 days prior to filing.
- Obtain the deceased’s death certificate.
- Prepare Court documents in their approved form for filing with the Supreme Court of Queensland. These include the Application, Executor’s Affidavit supporting the probate application, death certificate and an Affidavit of Publication & Service.
- File the Originating Application and supporting documents in the Supreme Court Registry together with original documents including the Will. Important: do not staple the Will. When you file you must pay the prescribed filing fee per the Supreme Court’s rules.
- The Executor should be ready for any requisitions made by the Registry and respond promptly. Common pitfalls include incorrectly witnessing documents, using the incorrect wording in the affidavit and/or failing to name all aliases of the deceased. These must be addressed by filing additional affidavits.
- Collect the Grant of Probate.
Applying for Probate: Case Study Matt is named Executor of his friend Simon’s Will. Matt works full-time and does not have time to deal with the complexities of applying for probate in Queensland. Matt retains Will and Estate Lawyers Australia to apply for probate for a fixed fee of $825 + outlays (including QSC filing fee of $819.90). In one telephone call with one of our Brisbane Wills and Estates Lawyers Matt provides information about his late friend Simon including his full name, aliases, date of birth and address. From there our team obtains Simon’s death certificate, prepares and publishes the advertising notices. We then draft the probate application and supporting affidavits. Matt is too busy to attend our office so we post the documents to him with signing instructions and a reply-paid envelope. We file the signed documents with the Supreme Court, pay the prescribed filing fee and wait for the Grant to be made. As the documents were prepared by an expert, there are no requisitions and the grant of probate is made. All legal fees are paid from Simon’s estate. For a no obligation case assessment and fixed fee quote, call us today on 07 3073 2405 or contact us.
Probate QLD Questions
If you or a family member has recently experienced the loss of a loved one, administering the estate of a loved one can be a steep learning curve. Our Brisbane based lawyers are always ready to help ease the burden. Call today on 07 3073 2405 to start the process.
