Things You Need to Know About a Grant of Probate
What is a Grant of Probate?
A Grant of Probate is recognition of the last Will of the person who died and of the executors of that Will.
When is a Grant of Probate required?
In Queensland, small and uncomplicated estates may not need Probate. For example –
(a) most banks do not require Probate if the total amount in the bank accounts of the person who died is below $50,000 or $75,000; and
(b) the Queensland Titles Office has a process for transmission of properties to executors without Probate.
Probate provides a protection to executors so if the estate is large or is likely to be contentious the executors should obtain Probate.
Check with your Succession Lawyer as to whether Probate will be needed and whether, as executor, you need the protection provided by Probate.
Steps to Follow
Obtaining Probate in Queensland requires –
(a) advertising that you intend to apply for Probate;
(b) notifying the Public Trustee that you intend to apply for Probate;
(c) 14 days after the advertisement appears, lodging with the Supreme Court an application for Probate, an affidavit of the executors supporting the application and exhibiting the Death Certificate and Will, an affidavit confirming the advertising and notice to the Public Trustee and any other material needed to support the application.
It usually takes about 6-8 weeks from lodging the application with the Court for the Probate to issue.
Letters of Administration
You will need Letters of Administration rather than Probate if –
(a) none of the executors named in the Will can or will act as executor; or
(b) the person who died did not leave a Will.
Administering an Estate
You can start administering a deceased person’s estate straight away if you are an executor named in their last Will.
You should not start administering a deceased person’s estate until you obtain Letters of Administration if you are not named as an executor in the last Will or if the deceased person died with a valid Will.
General
When dealing with an estate, it is advisable to seek advice from a lawyer.
When to seek legal advice
It is best to seek legal advice as soon as possible after a loved one dies. This usually takes place after an official Death certificate issues.
Bradley & Bray offers succession legal services that will help you with professional estate administration. We also offer a 24/7 probate tool that will enable you to begin the process online. Get in touch with us today and talk to the right lawyers for effective estate legal services for executors.
This article is general in nature and does not constitute legal advice. If you require legal advice in relation to your personal circumstances, you must formally engage our firm, or another firm to provide legal advice in relation to your matter. Bradley & Bray lawyers takes no responsibility for any use of the information provided in this article.
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