What is Probate of a Will in Queensland?

Probate is the Supreme Court’s recognition that a Will is legally valid and will most commonly be granted for the Deceased’s most recent Will. A grant is a Supreme Court document that recognises that you are authorised to deal with the estate of the deceased person. As the executor of a deceased estate, you may need probate before you can take control of and otherwise deal with the estate’s assets, such as the transfer of assets held by third parties into the estate or the transfer of property to the Beneficiaries under the Will. There are a series of steps that need to be followed to acquire a grant of Probate, in summary they are: Advertise your intention to apply, Give a copy of your notice to the Public Trustee, Allow persons time to object, Prepare the Application and File in the Supreme Court. Once the Application has been filed it normally takes the Court 4 – 6 Weeks to provide a grant of Probate, assuming there are no issues with the Application. This time does vary depending on the time of year and how busy the court is. Whilst Probate is often required, it isn’t always. Some property depending how it is held by the deceased prior to passing, may automatically vest in someone else. For example, Real Property held by two persons as joint tenants, following the death of one party will automatically vest in the other. Similar is the case for bank accounts held jointly. This is normally how property is held between a marital couple. If you aren’t sure if you need Probate, or have any questions concerning the Administration of an Estate, please feel free to contact our office to arrange a consultation or you can even book online. In preparation for your consultation please locate the Original version of the Deceased’s Will and compile a summary list of the Estate Assets as we will need these items to be able to advise you appropriately. Should you wish to engage us to apply for Probate on your behalf, We offer a Fixed Price Service of $3,744.30(inc) for a Standard Probate Application which includes preparation of the Application for Probate with supporting docs, Law Reporter Advertising Fee ($161.70) and Supreme Court Filing Fee ($793.00).