When a person dies, the assets they own must be distributed among the beneficiaries according to the terms of any valid will. This process is known as Probate. Probate application is the first step in applying for the grant of Probate. You must file the application with the Supreme court in the city/town where the deceased person lived at the time of their death.

Probate application can be a difficult process to understand. Whether you are the Executor or a family member called upon to assist with Probate, understanding when and how to file for a Probate application is important. While there can be personal differences between concerned parties, ensuring that each step of the Probate process has been followed is essential to settling an estate smoothly. 

We’ll lay out all of the information you need to know so that you can file your Probate Application in Queensland smoothly and efficiently.

What is a Probate Application? Who can Apply?

When applying for the grant of Probate, the Executor is required to file an application with the Supreme Court of Queensland. This application is known as the Probate application. Once approved, the Executor will have the authority to transfer the entire estate of the deceased to their  beneficiaries.

Only an Executor appointed under the original will of the deceased person can apply for the grant of Probate. Executors must be over the age of 18 years. However, if the deceased died without leaving a will, the inheritance laws will help determine which relative can apply for Probate. 

How to Apply for a Probate Application in Queensland?

The Executor must lodge an application for a Grant of Probate with the court within 6 months of the deceased’s date of death. Failing to do so increases the inconvenience caused to the grantor’s family and puts the Executor at risk of legal prosecution. If the application is not made within this time frame, you can still make an application, but you will need to get permission from the Court.

An application for Probate usually involves the below steps: 

• The first step is to publish a legal notice in a newspaper so that any creditors or people who might be in a position to challenge the Estate will have the chance to make a claim. It is called giving notice to creditors. You’ll need to wait at least two weeks before filing for Probate after publishing this notice.
• A copy of this notice is required to be submitted to the Public Trustee. 
• Next, the Executor has to file a Probate Application along with the supporting documents to the relevant state court. 
• Once the Probate application is filed with the Supreme Court, it usually takes 4-6 weeks for approval. If any document is missing or requires rectification, you will be contacted to do so.
• After approval, the court will issue the “Grant of Probate.” It acts as proof of the Executor’s authority and approval to handle the transfer of assets to the beneficiaries named in the decedent’s will.
• The Executor can then begin to perform their duties.

Documents required to submit Probate application in Queensland

The following documents need to be submitted along with your Probate application in Queensland:

• Application for Probate
• Original will along with two clear photocopies
• A certified copy of the death certificate
• Notice of intention to apply for the grant
• Affidavit to support each document
• Certificate of the exhibit

Important Things to note – 

• Avoid using staples, paper clips, pins, etc. You will have to attach an additional affidavit of plight to explain the reason for damage (if any) 
• The court may ask for additional documents. 
• The Supreme court will keep the original will and death certificate. 

How much does the Probate application cost?

The cost for filing a Probate application will include:

• Advertising fee for publishing the ‘intention to apply.’
• The Application filing fee to the Court
• The Fee to obtain the original death certificate from the registrar’s office.
• Miscellaneous expenses include asset valuation fees, solicitor’s fees, and photocopies.
  

When to Hire a Specialist for the Probate Procedure?

The Probate procedure is  settling a person’s estate after they die. It can be quite a lengthy and complicated process, especially if there are any disputes. 

Hiring a Probate specialist might be the best decision in the following circumstances:

• If you have a small estate, it may make sense to do things yourself. However, \ hiring a specialist might be more cost-effective if you have a large estate.
• When the descendent dies without a will, it’s a complicated estate to look after.
• The estate includes foreign properties (outside Australia)
• The descendent was insolvent, and creditors needed to be paid.
• When the validity of the will is doubtful.
• You do not have enough time and knowledge to carry out the legal procedure.
• If there are multiple heirs, it’s good to hire a specialist to avoid disputes. It ensures that everyone receives their share of the estate equitably.

Final Words

To handle the Probate application process, you need to find knowledgeable and trustworthy consultants. The process is more intricate than some would like to believe, but with the help of a consultant, it can be less daunting for you and your family. 

Working with an experienced consultant will enable you to understand the process, answer your questions and provide guidance towards getting a grant of Probate sooner. If you’re looking for a consultant in Queensland to handle your application process, Probate Consultant is the name you can rely on.

Probate Consultants will assist you with the entire Probate procedure from start to finish. They will help you understand what needs to be done and how long it will take to complete the process. They will also guide you through every step so that nothing gets overlooked or forgotten.