Probate Lawyers Gold Coast

What is probate?

Probate is an official recognition of a person’s will as legally valid by the Supreme Court of Queensland.

What does it mean to obtain a Grant of Probate?

A Grant of Probate can be issued by the Supreme Court of Queensland upon application by the executor(s) of the estate. A Grant recognises the executor’s authority to deal with the estate and is often required by financial institutions prior to the release of estate funds to the executor.

What if there is no surviving executor or no valid will?

Where there is no surviving executor, or there is no valid will, an application can still be made to the Supreme Court for a person to obtain authority to deal with a deceased estate. This is called letters of administration (with or without the will).

Do you need to obtain a Grant of Probate?

You are not required by law to apply for Probate. There are circumstances however where it will be required and this will often depend on the assets of the estate and their value.

If you do not obtain a Grant of Probate and it is later found that you are not the appropriate person to be administering the estate, you may be liable to the beneficiaries of the estate.

What is involved with applying for a Grant of Probate?

Prior to making an application, the executor must meet the advertising requirements and prepare a number of legal documents for filing in the Supreme Court.

Depending on the circumstances, the application can be complex and you may require legal advice about what to include in the application.

What if a Grant has been issued by another State and there are assets in Queensland?

An application can be made to the Supreme Court of Queensland to reseal a Grant made in another State.

Are there any costs?

In addition to any legal fees, there are costs associated with the advertising and a filing fee payable to the Supreme Court. These are expenses of the estate and the executor is entitled to be reimbursed from the estate for any reasonable out of pocket expenses associated with applying for the Grant.

We can assist executors in preparing and filing the application for a Grant of Probate. In most cases, we are able to charge a fixed fee of $5,000 + GST in legal fees.  Contact us on 1300 941 900 or email tboorman@boormanlawyers.com.au to find out more.

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