Probate' refers to an order made by the court confirms:
- The Will is valid
- The Executor appointed by the Will has the authority to collect and deal with the assets of the estate.
A Grant of Probate, also known as a Grant of Representation, is the first step in the process of proving a Will and administering the estate of a deceased person. A Grant of Probate is a legal document that enables an administrator or executor of a Will to finalise a deceased person’s financial and legal affairs.
When there is no Will, a Grant of Letters of Administration needs to be applied for to enable a person (usually the person entitled to the estate on intestacy) to be appointed as the Administrator of the estate.
What is a Grant of Probate?
A Grant of Probate is a legal document that authorises an executor to manage the deceased estate in accordance with their wishes as set-out in the Will.
When a person dies, their affairs must be finalised. This includes managing the assets and liabilities of the deceased person.
A Grant of Probate is a legal document obtained from the Supreme Court of QLD that authorises the executor named in the deceased’s will to manage and deal with the deceased’s estate in accordance with their testamentary wishes.
How do I apply for a Grant of Probate?
To obtain a Grant of Probate, the executor named in the Will must apply to the Probate Office of the Supreme Court. If the application is approved, the Executor is given a Grant of Probate to confirm the author of the Will has died, the Will is authentic, and the executor is who they say they are.
Only those named as an executor in the deceased’s will can apply for a Grant of Probate. The executor can be an individual, or more than one person acting jointly and must be over 18 years of age.
Usually the Court will require the deceased’s original will to be filed with the Probate application. However, where the original will has been lost, probate can be granted on a true copy of the last will, and an informal will may be accepted by the Court if it is satisfied that the informal will constituted the last will of the deceased.
Once Probate has been granted by the Court, the executor has legal authority to deal with the estate’s assets and liabilities within QLD and can proceed to the administration and distribution of the estate in accordance with the deceased’s will.
It is important to remember that Probate granted in QLD only authorises the Executor to deal with the estate’s assets held in QLD. If the deceased has assets in another Australian state or territory, or overseas, a Reseal of Probate or new Grant may be required.
Where the Deceased Left A Will
If you have been appointed as executor of an estate, it is common to feel confusion over what needs to be done next. Our caring and professional team can guide you at this emotional time to carefully administer the Estate according to the Will. Where banks and other financial institutions require a Grant of Probate to release the deceased’s funds, we can assist you in making the relevant Application to the Supreme Court.
Where the Deceased Left No Will (Passed Away Intestate)
If the deceased left no Will, we can guide the principal beneficiaries or other appropriate persons in the matters of the deceased’s estate. Where banks and other financial institutions require Letters of Administration to release the deceased’s funds, we can assist you in making the relevant Application to the Supreme Court.
Challenging the Executors Actions
If you are a beneficiary under the will and are unhappy with the Executor’s actions ABA Lawyers can represent you to further your interests.