Grant of Probate – Supreme Court
Probate is the Supreme Court’s seal that recognizes the validity of a will. This seal provides undisputed authority to the executor of a will to administer the estate and perform the duties of their role.
The Supreme Court Seal of Probate is generally required by banks and share registries in order to release the assets of the estate to the executor so they can be distributed to the beneficiaries. The application for Probate can be complicated and take several months to complete. There are a number of documents which must be lodged with the Supreme Court and various other steps. These include:
• Advertise in the Queensland Law Reporter
• Notify the Public Trustee
• Answer any objections
• File in the Supreme Court
Probate is not always required if the estate is relatively small however we are happy to assist you in determining if you require an undertaking to proceed to probate.
General Process of Applying
In order to file an application for probate at the Supreme Court of Queensland you will need to:
• Locate the original will
• Notify Interested Parties
• Advertise your intention to apply for Probate.
• Prepare the material for filing with the Supreme Court
• Lodge the application with the Supreme Court Registry and pay the associated filing fee
• Await the return of the Sealed Will under the Grant of Probate
The timeframe for a return of Probate may vary and is dependent upon a few factors:
• How busy the Court is
• If any party contests the probate process by lodging further documents such as a caveat over the Estate
• Requests for more information from the Court in relation to the Estate
You can read more about Probate in this short article.
What if there is No Will
If you cannot locate the original Last Will & Testament of the deceased, then you may require Letters of Administration. This is a similar process to Probate but the application can be made by any interested party.
Next Steps
It is very important to obtain legal advice and assistance with the process of Probate. Delays due to incorrect preparation of material for filing, or missing critical dates, can result in further stresses in administering a loved one’s estate.
Often an Executor is a trusted member of the family who is also affected by grief. Allow our team of experienced solicitors support your family through this time.
