Normally, the application process can begin at any time 14 days after from the death of the deceased. If an application for probate were filed after six months from the date of the death of the deceased, the court would then require an explanation to account for the delay.

What Is a Probate?

When a person dies, someone has to deal with their estate. If the person has a will, they will have appointed an executor. This is the person responsible for collecting the deceased’s assets, paying any debts, and then distributing the assets to the beneficiaries.

A probate is the process of proving and registering the last will of a deceased person in the Supreme Court. In order for the executor to be authorized to administer the estate, they must first apply for a Grant of Probate. This is a legal document that gives the executor permission to manage the estate of a deceased person in accordance with the provisions of their will.

What Is the Purpose of a Probate?

If the application is approved, the executor is given the Grant of Probate to confirm that the author of the will has died, the will is authentic, and the executor is the correct person, as designated in the will.

The executor can then take the Grant of Probate to the people who currently have the assets or the debtors of the estate and require them to transfer the assets to the executor or other people, in accordance with the will.

If a deceased person owned assets in more than one state or country, you may be forced to apply for a Grant of Probate in each State or Territory where assets are located. However, if the deceased owned assets in different States and Territories in Australia or in certain countries, you may apply for a resealing of the original grant.

So, that means that if a person owns assets in Capalaba, Cleveland, Victoria Point, and Springwood, the executor can apply for a resealing of the original grant.

Who Can Apply for a Probate?

When the testator creates their will, they usually choose who they want to act as an executor and handle their estate. However, if an executor is not selected in the will, then it is not possible to apply for probate. In these cases, a beneficiary under the will can apply for letters of administration with the will annexed.

In some instances, the testator will designate more than one person as an executor. If this is the case, then generally the application will be made by all of the executors unless one or more of them have died or indicated that they do not want to apply for probate by renouncing being an executor of the probate application. Lawyers in Brisbane can help guide people through the application process and help ensure that your probate is granted in a timely fashion. If a loved one has passed away or someone has named you as an executor in his or her will, talk to a lawyer today. It is important to seek legal advice on your specific situation.  

Probate Law in Queensland

The probate process is cumbersome and at times complicated. While most probate matters are quite simple, complications can arise. States have different laws ruling over distribution of estates and probate lawyers based in Brisbane can offer legal advice specific to your location. In Queensland, probate law is covered in the Succession Act (1981). A probate lawyer will help provide clear guidance – which is important when struggling with the loss of a loved one.

 If you are the executor of the will, you are responsible for carrying out the wishes outlined by the deceased. You may have to apply for probate, which is obtaining the court’s validation that the will is authentic, and you have the right to settle the estate. It is important to obtain a grant of probate in instances where the assets are held by a person or organisation. They may require legal proof that you are in fact the executor and have the power to disperse assets and handle debts on behalf of the deceased and his or her family. There are three main types of grants issued to will executors: a grant of probate, a grant of letters of administration of the will and grant of letters of administration of intestacy.