What is probate and why do we need it?

What is probate and why do you need it?

What is probate and why do we need it?

A request for probate may be made before the executor can claim the funds for the estate of the deceased person.

Probate is a Supreme Court decision that ‘proves’ the will of the deceased person.

When a deceased person holds cash or invested funds at a bank, or superannuation, or shares over $50,000 in value with the one institution (or even a large nursing/retirement home accommodation bond) a request for probate will be made by anyone or all of those institutions to before the executor can claim the funds for the estate of the deceased person.

Probate is a Supreme Court decision that ‘proves’ the will of the deceased person; that is that the will is legally valid and the executors named in the will are the legally authorised to deal with the deceased’s estate.

To obtain Probate, an application is made by the executor/s to the Queensland Supreme Court, and this application is supported by an Affidavit and exhibits which are the original death certificate and the original will. This application is usually prepared by a solicitor acting for the estate and the estimated cost for an uncomplicated Application for Probate is $3,200 to $4,000. Both the death certificate and the will are kept by the Court and are not returned.

This process includes advertising in two publications, one the Queensland Law Reporter (published across Queensland’s legal practices), and the other a newspaper that is circulated in the district the deceased resided. This is done once, and usually includes a request for creditors to come forward. This sometimes produces a later Will, however, this is a rare occurrence.

Fourteen days after the advertising the application is lodged in the Supreme Court, and between 4 to 6 weeks later the court will approve the grant. If there are any irregularities in the will or the death certificate, the Court may require additional information, and this may delay the granting of the application.

When the Grant of Probate is received, certified copies presented to the asset holders will release the funds into the estate.

If you have any queries regarding the above, please do not hesitate to contact us at Big Law Solicitors on 1800 431 604 or email us at [email protected].

How We Can Help

Big Law Lawyers Strathpine offers you the same comprehensive suite of legal services that you would expect to only find in the city.

We are a successful well-established legal practice based in Strathpine, Brisbane. We have earned a reputation for providing trustworthy, practical legal advice to a diverse range of clients, in both Brisbane and regional Queensland.

Things to Read

What is the Process for Removing a Power of Attorney in Queensland

Granting someone power of attorney is a significant legal step, entrusting that person with the authority to make important decisions about your life. However, situations may arise where you find it necessary to revoke this power. For any of a number of reasons, an attorney may not be able to perform their duties adequately, orRead More »What is the Process for Removing a Power of Attorney in Queensland

What Do the Changes to the Property Law Act and the Introduction of a Seller Disclosure Scheme Mean for Buyers and Sellers of Property?

An updated version of Queensland’s Property Law Act (‘the Act) was recently passed into law designed to modernise, improve and streamline the operation of the Act for both buyers and sellers. Key changes to the Act include: introduction of a statutory seller disclosure scheme (Seller Disclosure Scheme) applying to all freehold sales of land; updatedRead More »What Do the Changes to the Property Law Act and the Introduction of a Seller Disclosure Scheme Mean for Buyers and Sellers of Property?

What are the Disclosure Obligations For a Retirement Village and What Happens if They are Not Complied With

The role of retirement villages in Australian society are increasingly important given our aging population, ideally providing comfortable and secure living arrangements for seniors. The process of securing a place in a retirement village can be complex, however, and a prospective resident should receive expert legal advice before committing their signature to a contract. ToRead More »What are the Disclosure Obligations For a Retirement Village and What Happens if They are Not Complied With

Will Exit Fees Payable at the End of a Retirement Village Lease Affect the Inheritance Available to My Children

Queensland’s weather and lifestyle make it a popular, preferred destination for retirees in Australia, meaning the place of retirement villages as a living option for seniors is an important consideration once working life has ended. There are different arrangements by which residents secure a ‘right to reside’ in Queensland retirement villages, including loan and license… Read More »Will Exit Fees Payable at the End of a Retirement Village Lease Affect the Inheritance Available to My Children

Podcasts to Listen to

Can Step-Children Contest a Will?

It probably comes at no surprise, that in the context of estate administration, people who may be beneficiaries, or those that think they should be, may want to contest the Will. This can often concern step children. In Queensland, this process is often referred to as a family provision claim. To learn more about thisRead More »Can Step-Children Contest a Will?

How can an Executor be removed?

One of the most important aspects of estate planning is of course, making sure you have the right executor. But what happens if things don't work out or circumstances change and you want another executor. In this podcast, Estate Planning Lawyer, Elise Jacques discusses the matter. Elise Jaques Solicitor Make an appointment

What Does the New Property Law Act Mean for Sellers of Property?

In QLD, the Property Law Act 2023 (the Act) passed Parliament on 25 October 2023. The primary objective of the Act is to simplify, streamline and modernise Queensland's property law regime by replacing the Property Law Act 1974 (Qld). But what are the key elements, in particular those that will impact upon sellers of propertyRead More »What Does the New Property Law Act Mean for Sellers of Property?

Avoiding the Estate Planning Risks When Moving into a Retirement Village

In recent years, there has been an exponential increase in the number of retirement villages being built, and of course, the number of people moving into them. In the context of the legalities, there is often an emphasis on the contractual obligations when buying into such a village. But what about the impact on estateRead More »Avoiding the Estate Planning Risks When Moving into a Retirement Village