What is Probate?

If you have been chosen as an executor for a loved one’s will, you may need to apply for probate, but what is probate? 

Probate is the Supreme Court of Queensland’s official recognition of a will as legally valid. A Grant of Probate is a Supreme Court document that recognises an executor’s authority to deal with the deceased estate. 

Probate physically consists of a Grant of Probate Certificate with the will attached, stamped by the seal of the Supreme Court of Queensland, to be valid.  

When do you need Probate? 

Not all estates require probate.  Generally, probate will be required by banks / financial institutions when the value of the account(s) is greater than $10,000-$50,000.  Check with the individual banks to see which account balance needs probate for the money(s) to be released. 

Other situations when probate will be required: 

• For a housing deposit to be returned to the Estate from the nursing home / retirement village 
• When a superannuation fund has no valid binding death nominations  
• For the sale of assets such as houses and shares 
• Some government departments depending on the transaction 

How do you get a grant of probate? 

To get a grant of probate, numerous government forms need to be completed as well as affidavits and the original death certificate.  These documents get submitted to the Supreme Court Registrar with a filing fee. 

Before the probate application to the Supreme Court, the Public Trustee must be notified and an ad placed in the Queensland Law Reporter announcing the intention to apply for probate. 

How long does probate take?

The process to obtain a grant of probate in Queensland can range from 6-15 weeks, depending on the workload of the Supreme Court. 

Who can apply for probate? 

Generally, only the executor(s) can apply for probate, or the executor of a will can instruct a solicitor to act on their behalf.  

If you decide to use a solicitor to apply for probate does this need to be the solicitor that made and/or holds the original will? 

No. Once you have the original will, you can choose any solicitor to do the probate application process. 

Why would you use a solicitor to apply for probate? 

Engaging a solicitor reduces the stress for the executor(s) involved. A solicitor will streamline and simplify the estate administration process and can reduce the costs and the time to administer the estate. 

Yeppoon Lawyers’ Owner and Solicitor Leonie Davey specialises in probate, estate planning, estate administration and wills.  If you would like help with your probate application contact Yeppoon Lawyers on 07 4925 0229 or email reception@yeppoonlawyers.com.au.