If you have recently lost a loved one, you might be wondering what is probate Qld and How Long Does it Take? This is a very valid question and one we get quite often. This article will provide answers to this question.
What is Probate Qld and How Long Does it Take?
If your loved one has died with a will in Queensland, it is very likely that you will need to obtain probate in order for the assets in the estate to be administered. If your loved one has died without a will, you will not be seeking probate but alternatively you will want to obtain letters of administration instead of probate. If you need help working out whether you need probate or letters of administration, give us a call on 07 3073 2405.
It is the executor or executors of the estate who are responsible for applying for probate.
What is Probate?
In order for the beneficiaries to inherit the assets in the estate, a Court will need to make a ruling that a will is valid. This is what is referred to as obtaining probate. Probate is what is required for the executor to begin their duties in the administration of the deceased’s estate.
Getting a grant of probate can be difficult for a person without legal experience, if you need help obtaining it, you can give us a call or check out this page.
Sometimes it is possible to administer a will without the need for probate. This will depend on organisations willingness to honour the will without probate being obtained. If you are dealing with a nursing home, bank or share registry, they will almost certainly require probate.
How Long Does Probate Take in Qld?
From when you first begin the probate process it generally will take 4-8 weeks for probate to be obtained. The amount of time probate takes can vary on a case by case basis. It also is dependent on how busy the Supreme Court registry is at the time of filing.
Obtaining a grant of probate involves the following steps:
- Advertising the intention to apply for a grant of probate in newspapers;
- Giving the public trustee notice of the executors intention to apply for a grant of probate; and
- Filing an application for a grant of probate
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Need more help? Our friendly solicitors are always ready to help. Give us a call on 07 3073 2405. Initial consultations with a lawyer are complimentary.
