How long does Probate take in Qld?

Probate can be delayed due to an error on the application. The Registry examines the application for common errors, which include:-

• individuals or witnesses failing to swear or affirm the affidavit correctly;
• failing to provide sufficient evidence of the deceased’s marriage / civil relationship;
• failing to properly identify who the Executors are;
• recording a date and/or place of death inconsistent with the death certificate;
• failing to use the correct terminology;
• filing the affidavit too soon;
• applying for probate when the Will does not name an Executor instead of applying for Letters of Administration;
• failing to list all alternative names / aliases of the deceased;
• not filing the original death certificate or if the death certificate does not show the cause of death;
• the cause of death brings into question the deceased’s capacity to make the will and this issue is not previously addressed in the Executor’s supporting affidavit.

Probate Process Case Study: Matt contacts us on Friday, 1st of July. After a free telephone consultation with a probate lawyer, Matt retains Will and Estate Lawyers Australia to obtain probate for a fixed fee of $1490 + outlays. A Brisbane Wills and Estates Lawyer prepares and arranges a notice to be published advertising Matt’s intention to apply for a Grant of Probate. The advertisement appears in the next edition of the Qld Law Reporter on Friday 8 July. While Matt waits the mandatory 14 day waiting period before filing, we prepare the Application and supporting affidavits for Matt to sign. When the waiting period expires on 25 July, we attend the Supreme Court to file the application and pay the filing fee. As Matt has hired an expert at probate applications, there are no requisitions and probate is granted 4 weeks later on 22 August.