Losing a family member or a loved one is one of life’s most challenging experiences. While the emotional toll can be overwhelming, you might also be left with the challenge of managing their estate, which is made up of legal aspects that can seem especially daunting if you’ve never gone through this experience before.
This simple probate checklist will explain the probate process in Queensland in clear, straightforward terms so that you understand what’s involved and how best to proceed.
What is a probate checklist, and why might I need one?
Probate is the legal process that officially recognises a person’s authority to administer the deceased’s estate. If you’re named the Executor of a Will, you may need to apply for a Grant of Probate, which confirms your authority and allows you to manage the deceased’s assets and liabilities.
Whether you need to apply for probate depends on several factors, including the value and type of assets involved. For instance, some banks or financial institutions may require a Grant of Probate before they release funds.
What is involved in the probate process?
1) Advertise your intention to apply
The first step in the probate process is to advertise your intention to apply for probate in the Queensland Law Reporter. This notice must be published to inform any potential creditors or interested parties of your application.
At this stage, consulting with an experienced legal team like ORG Solicitors can help ensure that the notice is correctly placed and complies with all legal requirements.
2) Wait 14 days for any objections
After the notice has been published, you must wait 14 days before proceeding to allow enough time for any objections to be raised. If an objection is lodged, the court will not finalise the grant until the dispute is resolved.
3) Notify the public trustee
During this period, you are also required to notify the Public Trustee of Queensland of your intention to apply for probate, which is crucial in ensuring that all parties with an interest in the estate are informed of the probate proceedings.
4) Prepare and submit court documents
The next step involves preparing the necessary court documents, which includes a detailed inventory of the estate’s assets and liabilities, along with the original will and a death certificate. Making sure that these documents are all accurate and submitted on time is critical in avoiding delays.
5) File the grant of probate application
Finally, once all the documents are prepared, you’ll need to submit your application to the Supreme Court of Queensland. This can be done either in person or by post, and ideally at a location near where the deceased lived.
The court will review your application, and if everything is in order, they will issue the Grant of Probate, giving you the authority to proceed with administering the estate.
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Why choose ORG Solicitors to help with your probate checklist?
Navigating the probate process can be a complex and stressful endeavour, especially when it’s during an emotionally difficult time. However, ORG Solicitors has been a trusted name in Queensland since 1928, with a specialisation in estate and probate law that ensures your application can be handled as efficiently, accurately, and without stress as possible.
Whether you’re unsure if you need probate or you want someone to manage the entire process on your behalf, our team offers practical, cost-effective legal solutions that are tailored to your specific probate checklist or estate management requirements.
Book a free consult with ORG today for clarity & peace of mind
If you’re not sure if you need to apply for probate, or don’t know how to start the process, you can save time and reduce stress by contacting ORG Solicitors. We offer fixed probate application fees that cover all searches, court filings, advertising fees, and more, ensuring transparency and affordability from the outset.
Send us an enquiry or call our team on 07 3221 9722 to schedule your free probate consultation today.
