Probate

A grant of probate is not just for the peace of mind of the executor, it is a document most financial institutions will require when the executor comes to them to collect assets of the deceased for distribution. Before these institutions hand over access or transfer thousands of dollars’ worth of the deceased’s assets to the executor, they want to see proof. The grant of probate is the proof that confirms the deceased has passed away, that the executor is who they say they are and that the will is authentic. Institutions will often refuse to deal with any executor who cannot show them a grant of probate.

The first step in applying for a grant of probate is to place an advertisement in the Queensland Law Reporter and inform the public trustee through a letter. Two weeks after the advertisement appears, a probate application be made to the Supreme Court. After you have lodged your application, court staff will examine the application documents and if everything is satisfactory, they will issue the grant.

Once you have filed an application in court, the Supreme Court usually estimates that it takes up to eight weeks until the grant of probate is issued.

There are some costs involved with the probate process. These include advertising fees, court filing fees and the fee for gaining access to the original death certificate from the Registry of Births, Deaths and Marriages. There may also be other costs involved, such as solicitor’s fees, postage, or fees for gaining access to any additional copies of the death certificate.

Many people believe that a delay in receiving the grant of probate may cause a delay in the administration of the estate to the deceased’s beneficiaries. This is not the case. The estate will never be distributed before nine months have passed from the deceased’s date of death. This is because this is how long other individuals have to challenge the will.

If an individual dies ‘intestate’ (without a will), the person who wishes to act as the administrator, which is the equivalent of an executor, must apply to the Supreme Court for letters of administration. This is another type of grant that is very similar to a grant of probate. The application process is similar and it serves an equivalent role. Letters of administration certify that the deceased has passed away, and that the administrator is who they say they are.