Were you named as an executor in someone’s valid Will, and you don’t know where to start with the probate QLD process? This article is for you!
If someone names you executor in their Will, it is your duty as an authorised person to see that the conditions of the Will are followed after their passing. In order to accomplish this, you might need to petition for probate QLD. This is the court’s acknowledgement that the ill is legitimate and that you have the authority to manage the estate.
This article will provide for a checklist that will allow you to handle the probate QLD process without sweat. However, before going to that part, let us first discuss an overview of Queensland’s probate system and the corresponding rules and legislation.
Probate QLD: The Basics
The Supreme Court of Queensland officially recognises a Will as legally valid when it goes through the probate process.
A grant of probate acknowledges someone’s right to manage the estate of a deceased person. Before the executor of a deceased estate may seize possession of the estate’s assets and manage the estate, probate QLD is frequently required.
Although it’s not legally required, various situations necessitate obtaining probate in QLD. For instance, when individuals or organisations need a grant of probate to release the assets and estate of the deceased, which they currently hold, you will be required to have the Will probated. Moreover, it’s essential to seek legal advice to navigate these circumstances effectively.
With this, the executor must apply for probate and follow the steps that the next section will discuss.
Steps to Apply for Probate QLD: A Checklist
Preliminary Steps Checklist
To apply for a grant for probate, you must follow these preliminary steps:
Step 1: Find out whether your need probate to carry out the terms of a Will. For this step, you should find out if you require a grant of probate from the relevant organisation (such as a banking institution). It might not be necessary if:
- the assets have a low worth, such as a small bank account
- a beneficiary listed in the Will is to receive the real estate.
- you need to sell property.
Additionally, if an asset, such as the family house, is held in joint names, you do not need a grant of probate because the surviving co-owner already owns it.
Step 2: If you’re unsure about your situation, better ask a lawyer for legal advice. Wills and intestacy law, often known as succession law, is a complex field of law that calls for specialized legal counsel.
Moreover, the information in this article or on the Queensland Court website is only general in nature and does not take any particular situation into account. It cannot replace legal advice; rather, the information is simply meant to serve as a guide.
Thus, to ensure that the process of obtaining probate is properly followed, seeking legal advice on this matter is highly recommended.
Step 3: Rule out any other person claiming prior right by submitting Form 105 – Affidavit (probate QLD application). Here, you must provide proof that they have passed away, are incapacitated, or have renounced their interest or claim in the Will.
Application Proper Checklist
Step 1: Advertise your intention to apply for a grant of probate to the Queensland Law Reporter (QLR). Here’s a step-by-step guide. (Form 103 – Notice of intention to apply for grant)
Step 2: Send a copy of the notice to the Public Trustee. You can post, fax, email or deliver the notice in person. You can also call them at 1300 360 044. There’s a seven-day waiting time for the Public Trustee to receive the notice to file your application.
Step 3: In order for anyone to object to your application, you must wait 14 consecutive days after your notice appears in the Queensland Law Reporter. After 14 days, you can file your application on the 15th day.
Note that an objection, or caveat, may be filed by anyone claiming an interest in the estate. If they have proof, the court will hold off on granting probate until the dispute is settled. (Form 118 – Notice in support of caveat). However, if you wish to withdraw, you must file Form 119 – Notice of withdrawal of caveat.
Once a caveat has been filed, the estate is not examined again until the procedure is finished. Both the applicant and the party submitting the caveat receive notices from the registrar.
Step 4: Prepare the necessary documents for probate QLD.
The Final Steps in the Application
Step 5: Now that you’re done with the previous steps, it’s time for the final step. File your application with your supporting documents at the Supreme Court. You can do so in person or by post.
Step 6: Pay the filing fee of AUD 748.10. Note that there are also other fees that you might have to prepare for:
- Advertising fees
- Postage
- Fees for obtaining death certificate from the Registry of Births, Deaths and Marriages
- Solicitor’s fees for document preparation and other legal work
- Photocopy fees.
Step 7: Wait for the results. The grant should be available in four to six weeks after filing your application with the court. Staff members of the court will get in touch with you, ideally via email or letter (if you don’t have an email address) if there are any issues and you receive a notice of requisition.
Documents Checklist
Below is a checklist of documents that you need in your application:
- Application form – Form 101
- Original Will and two clear photocopies of the original last Will (one copy attached to the affidavit below)
- Affidavit in support – Form 105
- A clear photocopy of the original last Will
- An original death certificate issued by the Registry of Births, Deaths and Marriages. The death certificate will not be returned after the grant is issued. Do NOT file a photocopy certified by a JP or legal practitioner. The certificate you file must be the one issued by the Registry of Births, Deaths and Marriages.
- Exhibit clause – Form 47
- Affidavit of publication and service – Form 104
- If the Will has any signs of tampering, damage, staple holes or rust marks – Form 111
Now that you know what the entire process looks like, you can now begin to obtain probate application by compiling the required documents and checking whether you need a Will or not.
Seek Advice from a Will and Estate Lawyer
For processes like this, working with a knowledgeable Wills and estate lawyer in Queensland will help you secure your intentions and safeguard the future of your family. Get in touch with one of our lawyers at JB Solicitors right away to create a Will that expresses your desires and guarantees your estate assets are allocated as you have intended.
Contact us today for more information if you need legal help about your probate application.
