Will and Estate

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What is Probate?

In a nutshell, Probate is the official recognition from the Supreme Court of Queensland that a Will is legally valid.

The grant of Probate is a legal document that tells other intuitions (e.g. banks, land title office) that you, the executor(s), are authorised to manage the estate of a deceased person in accordance with their Will.

How can Ascent Lawyers help me with Probate?

Free initial consultation call: Clear all of your confusion with a lawyer
Peace of Mind: Accurate completion of all required documents and applications
Simplification: We will ensure the probate process is as painless as possible

We are right by your side.

Frequently Asked Questions

It depends on the following factors:

  1. Complexity of ownerships: if there is any estate property or estate assets that have co-owners
  2. The institution itself: organisations (banks, land title office) will have different requirements depending on the circumstances. You will need to call them to determine if probate is needed.

A grant of probate includes the following information:

  • The author of the will has died
  • The will is authentic
  • The executor(s) are who they say they are

In Queensland, you will need to take the following steps:

  1. You must advertise your intention to apply for probate in order to allow others to object your rights to obtain probate
  2. Give a copy of the notice to the Public Trustee
  3. Wait 14 days after publication of the notice of intention to apply for probate, allowing time for others to object (if any)
  4. Prepare the required documents
  5. File documents with the Queensland Supreme Court

Yes, you must advertise your intentions to apply for probate. Before filing documents with the court, you must advertise your intentions in the Queensland Law Reporter (QLR).

You must then wait at least for 14 days after the publication. You can file your application on the 15th day. If the court is closed that day, file on the next day when the court is open.

That is no problem. We can assist you with advertising.

Before applying to the court for probate, you must provide a copy of your notice for application of probate to the Public Trustee by post, fax, email, or in person. You must then wait 7 days.

To object the probate, the person must have a legal interest in the estate. That person may file a caveat (objection) to the Court within the time frame.

The grant of probate will be delayed until the objection is resolved.

It may take between 6 months to 2 years. The time frame is largely affected by the following factors:

  • The size of the deceased’s estate
  • The complexity of the estate
  • The number of beneficiaries
  • The number of executors
  • If the Will itself is being contested

Generally speaking, the deceased’s estate pays for probate.

You can file it with the following registries of the Supreme Court of Queensland:

  • Brisbane
  • Rockhampton
  • Townsville
  • Cairns

You will need:

  1. The original will and codicils
  2. Two clear photocopies of the original last will
  3. The original death certificate

*Important notes regarding the original will:

  • The original will must not to be marked in any way.
  • Never use staples, pins, paperclips or piercing clips.
  • If a will has any signs of tampering or damage, you will need to file a Form 111 – Affidavit of plight to explain why.

When you file the original death certificate, original will and codicils, those documents will be retained by the registry. The documents will stay on file and cannot be returned upon completion. If you require another death certificate you will need to purchase one from the Registry of Births, Deaths and Marriages.

When an application is made for the Court to appoint an administrator to oversee the distribution of the estate. This will only occur if the deceased died intestate or if a will does not appoint an executor, or if no executor is willing or able to act.

Step 1: Contact Ascent Lawyers to arrange an initial meeting

Step 2: We will advise you if you need probate and begin the work

Step 3: We file the probate application on your behalf.

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Bonan Shan
Bonan Shan
1 year ago
I was lucky enough to be introduced to Ascent Lawyers for my personal injury case back in 2019. All the lawyers demonstrated high level of professionalism throughout all the stages of engagement. Ascent Lawyers was not only able to provide tailored legal advice, but they had been extremely informative and transparent during the entire process. This is particularly extraordinary when you consider the no-win-no-fee business model for PI matters. My case, in the end, was concluded with excellent results. I would like to use this opportunity to thank the whole team for their hard-work and professionalism, as well as Kira and Mengpei's close involvement with my case. I think their 5-star google review record does not lie. I would also recommend this firm to anyone.
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WJ Liu
3 years ago
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Devon Fung
3 years ago
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Yuan Chen
3 years ago
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3 years ago
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