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.
It depends on the following factors:
A grant of probate includes the following information:
In Queensland, you will need to take the following steps:
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:
Generally speaking, the deceased’s estate pays for probate.
You can file it with the following registries of the Supreme Court of Queensland:
You will need:
*Important notes regarding the original will:
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.
Our lawyers are experienced in wills and estate matters. We are here to solve your worries!
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Once you engage us, we will gather the required details and work on your case.
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