Probate of Wills in Queensland

Probate, meaning “proof” in Latin, is the legal process that confirms the validity of a will and grants the executor the authority to manage the estate of the deceased. In Queensland, applying for probate is often necessary when the estate includes significant assets like property or large bank accounts. Probate ensures that the executor has the legal power to distribute assets and settle debts according to the and also provide the executor with a measure of protection.

What is Probate?

Probate is the court’s confirmation that a will is the true and correct last will of the deceased, validating the executor’s authority to manage the estate. It allows the executor to fulfil their duties, including the distribution of assets according to the will, as long as there are no disputes. While it is possible in some Queensland cases to administer an estate without probate, it’s often wise to obtain it, particularly for estates that involve property, significant investments, or complex financial matters.

At GLG Legal, we guide executors through the probate process, ensuring that all steps are completed smoothly and efficiently.

When is Probate Required?

Not every estate requires probate. Probate is generally necessary when:

• The estate includes significant assets, such as property, large bank accounts, or valuable investments.
• Financial institutions or organisations holding the deceased’s assets require proof of the executor’s authority before releasing funds.
• The will is contested, or there are disputes regarding its validity.

Smaller estates or those with minimal assets may not require probate. At GLG Legal, we can assess your situation and advise you on whether probate is needed.

How to Apply for Probate

The probate process in Queensland involves several steps. Executors will need to:

1. File the Application: The executor must submit an application to the Supreme Court of Queensland, along with the original will, a death certificate, and an affidavit verifying the will’s validity.
2. Advertise the Application: Queensland law requires that the probate application be advertised in a local newspaper and on the Queensland Law Reporter website. This provides an opportunity for anyone with a claim against the estate to come forward.
3. Lodge Documents with the Court: The original will, the probate application, and any supporting documents must be submitted to the court for review.
4. Receive the Grant of Probate: Once the court has reviewed the application, it will issue a grant of probate, giving the executor the legal authority to manage the estate.

GLG Legal can assist you through each step of the probate process, ensuring that all legal requirements are met.

Responsibilities After Probate is Granted

Once probate has been granted, the executor is responsible for:

• Collecting Assets: The executor must gather all assets owned by the deceased, including property, bank accounts, and investments.
• Paying Debts: Before distributing the estate, the executor must settle any outstanding debts, including taxes, loans, and funeral expenses
• Claims Against the Estate: It is the responsibility of the executor to deal with any claims against the estate.
• Distributing the Estate: After all debts are paid, the executor must distribute the remaining assets to the beneficiaries as outlined in the will.