If you have any questions about Probate that are not answered below, please don't hesitate to get in touch, we're here to make probate as simple as possible.
In Queensland, there are three main costs for Probate. You can read more about Queensland Probate costs here.
No.
However, if the organisations the deceased person held assets or funds in ask for probate, then it is often hard to avoid. Most organisations have policies requiring third parties to produce a certified copy of the Grant once their member or client has passed away. We find that banks, nursing accommodation providers, share registries and the lands and titles department are the most frequent requestors of the Queensland Grant of Probate.
The Supreme Court of Queensland takes about 1 month to process probate applications. This will depend on the Court’s current workloads, and of course how complex the application is.
14 days must lapse from the date of lodgement of the notice of intended application to apply for probate in the Queensland Law Reporter before the application can be signed and submitted to the Supreme Court of Qld for processing.
Whilst there isn’t a strict deadline, an executor has a fiduciary duty to the estate to administer it in a swift and efficient manner.
Given the potential delays associated with probate application processing, we recommend that executors apply for probate as soon as practically possible. This is especially due to the “executor’s year” rule. This principle notes that executors generally have 1 year to attend to the task of administering the estate, after which interest may be payable to beneficiaries.
Contact us here, or call us on (07) 2111 4730, to discuss an expedited application for probate in Queensland.
Whilst there is no register of wills in Australia, copies of wills are most commonly found in the safe-keeping of the will-drafting solicitor.
Thorough searches should also be performed at the deceased person’s residence, and in their personal papers. Accountants and banks should also be contacted if you cannot find a copy of a will.
If you cannot find any wills for the deceased, be rest assured that the Supreme Court of Queensland can still issue Grants of Letters of Administration. Contact us here to discuss these grants further.
In Queensland a formally valid will:
If your relative’s will doesn’t comply with the above requirements you can discuss your unique case by simply writing us a message here or calling (07) 2111 4730. We note that the Supreme Court of Qld can still issue a Grant of Probate for an informal will if the appropriate requirements are met.
You can contact us to discuss “Letters of Administration”.
This is the name of another Qld probate grant which is issued when no will was left. The appointed administrator will obtain similar powers to executors named in wills once Letters of Administration is obtained.
Read about Letters of Administration or write us a message here.
If you apply for “Executor’s Commission” it is possible to get an order that the estate is to reimburse you for your reasonable pains and troubles. Contact us here to discuss this application further.
We will be able to obtain the original will from any law firms holding the original will, with consent of the executors named in the will.
Even if the will itself states that a particular lawyer or law firm is to be used, it is common knowledge that such terms are not legally binding.
If you would like assistance to obtain a will from another solicitor write to us here.
If only a photocopy or scan of the will is able to located you can apply to the Supreme Court of Queensland to have judge issue probate of a copy of a will. This is a technically complex application which involves, among other things, producing evidence to overturn the Court’s assumption that the will was intentionally destroyed by the will maked.
Contact us today to discuss making an application for probate of a copy of a will.
If no copies of any will can be found, contact us to discuss making the application known as Letters of Administration, which will give the appropriate relative the power to administer the estate without a will.
Yes, the Department of Natural Resources, Mines and Energy will require that you produce a copy of the Grant of Probate when submitting your transmission application. The transmission application allows the estate executors to transfer real property from the deceased’s name to either the name of the executor or beneficiaries.
The main reason organisations require a copy of the Grant of Probate is to indemnify themselves when releasing estate assets and funds to third parties.
These organisations depend on the Supreme Court of Queensland and the legal profession to perform the necessary identity verifications and will validity confirmations to determine the person to whom the assets should be transferred.
You are not legally obliged to perform the role of the executor.
Your role as executor can be renounced, allowing another named executor in the will to perform the necessary executorial duties, to apply for probate and to administer the estate.
To formally renounce your executorship contact us here.
Estate funds should generally be consolidated in one “estate account”. This is most often either a solicitor’s trust account or a deceased estate account that can be set up at a retail bank branch which the deceased used.
Yes. you do.
A codicil requires probate just like an original will and it acts as an addition to the last will.
A codicil also have the same formal requirements as the last will of the deceased. If these formal requirements are not met, it is still possible for the court to recognise it as reflective of the deceased’s last wishes and issue a grant on that basis.
If you think that you have an informal codicil please write us a message here.
Yes you do because the Power of Attorney (POA) ceases upon the death of the principal.
The POA is not recognised during the probate application process and the last will will dictate who the executors and beneficiaries of the estate are.
Yes, we can help with reseal applications to other Australian states.
Read here Reseals or, get in contact here to discuss.
As an executor your have a duty to finalise the administration of the estate in a timely and efficient manner. Generally, executors have one year to transfer bequests to the beneficiaries lest they be charged interest on such bequests.
These notices offer publicly available information relating to estates to interested parties, such as estate creditors and litigants. They contain contact details for the estate’s legal representatives and the names of estates.
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