PROBATE QLD

What is Probate?

If you have been named Executor in the last Will of the deceased, you probably have many questions about getting a Grant of Probate. In Qld, the Supreme Court may validate a deceased person’s Will by a Grant of Probate. Probate is the Order issued by the Qld Supreme Court that validates the deceased’s Will. It also authorises the Executor to deal with the assets of the estate.

When is Probate Required? 

Third parties (such as financial institutions or nursing homes) often require a grant of probate in Queensland before they will release or distribute estate assets. This ensures they pay the deceased’s assets to the correct person (the Estate’s Executor).

What if there is no Will?

If the deceased person died without a Will, then they died intestate. In such situations, the Supreme Court of Queensland can grant Letters of Administration on intestacy to personal representatives to deal with the deceased estate. Learn more about applying to the Supreme Court for Letters of Administration Applications here.

Who can apply for a Grant of Probate in Queensland?

Generally, the executor named in the will is the one who can apply for probate in Queensland. If there is no appointed executor or the executor cannot perform their duties, an eligible person can apply for a grant of letters of administration to distribute the estate.

What if the Executor named in the Will has died or doesn’t want to act?

Suppose the Will does not validly appoint an Executor. In that case, you may need to make an application to the Supreme Court for Letters of Administration with the Will. This enables the Court to validate the deceased person’s Will while appointing an appropriate person as Administrator of the Estate.

Suppose the Executor named in the Will does not want to act. In that case, they can sign a Renunciation to step aside as Executor.

When can I apply for Probate?

Once you have the original Death Certificate from the Registry of Births, Deaths and Marriages, you can apply for Probate.

You can apply for a Qld Death Certificate here https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/birth-death-and-marriage-certificates/death-certificates/applying-for-a-death-certificate

What is the Probate Process?

The application for probate involves several steps. Obtaining Probate in Queensland can be complex, and we recommend you engage an experienced Probate Lawyer to assist you with your Application to ensure no delays in granting Probate.

The steps involved in applying for Probate Qld include:

1. Obtain an original Death Certificate from the Registry of Births, Deaths and Marriages.
2. Obtain the original Will.
3. Advertise Notice of Intention to Apply for Probate in the Queensland Law Reporter. You must wait 14 days after your Notice has been published in the Queensland Law Reporter before you can file your Application in the Supreme Court.
4. Serve a copy of your Notice on the Public Trustee of Queensland. You must wait seven days after your Notice has been published before you can file your Application in the Supreme Court.
5. Prepare and sign your Court documents. This includes the Application Form, supporting Affidavit and Affidavit of publication and service.
6. Once the relevant time frames have been complied with, you can file your Probate Application in the Supreme Court of Queensland.
7. Pay the Court filing fee. You must pay the Court filing fee when you file your Application in the Supreme Court. As of 1 July 2023, the standard filing fee is $793.00. Certain concession card holders can apply for a reduced Court filing fee. The reduced Court filing fee is currently $144.70.
8. Obtain the grant of probate from the Supreme Court of Qld. 

How long does it take to get Probate?

Generally, an application for a Grant of Probate in Queensland can take anywhere from six to eight weeks before probate is granted.

How much does Probate cost in Queensland?

The costs for obtaining Queensland Probate can be summarised as follows:

1. Queensland Law Reporter Advertising Fee of $161.70.
2. Supreme Court Filing Fee of $793.00 (or $144.70 for relevant concession card holders).
3. Solicitors Fees. These vary from firm to firm.

FIXED FEE PROBATE QLD SERVICE

As a client-orientated law firm, we offer a fixed-fee Probate service. This means you will know up-front what we will charge you; there are no hidden fees. Our experienced Probate QLD Lawyers attend to all processes in completing your Probate Application.

What’s included in our Fixed Fee Probate Qld Service?

♦ Review of Death Certificate and Will.

♦ Drafting of advertising notice.

♦ Drafting of all letters.

♦ Advertising arrangements.

♦ Drafting of Supreme Court documents.

♦ Filing of Probate Application in the Supreme Court.

♦ Responding to any questions raised by the Probate Registrar.

♦ Collecting the original Grant of Probate from the Supreme Court and forwarding to you.

A professional complete full-service option designed to give you peace of mind.