A Grant of Probate is the document which issues from the Supreme Court and which gives executors the authority to act. In Queensland, the Probate also recognises that the Will is the last Will of the deceased, is legally valid and that the Executors are entitled to administer the Estate according to Probate law. It is the Executors that apply for the Grant.
The Probate process includes:
- Publicly advertising the Executors intention to apply for Probate. This allows for anyone claiming to hold a different Will or an interest in the estate to come forward and lodge an objection within a prescribed period before Probate is granted.
- The Public Trustee also needs to be notified. This is required in case there is a more recent Will held by the Public Trustee or it believes it should administer the estate for some other reason.
- The Application for Probate is then prepared which includes affidavits, the original Will and original Death Certificate and after expiration of the prescribed period of 14 days, the Application can be lodged at the relevant Court.
The original Will and original Death Certificate will not returned as the Court retains these documents.
The Grant of Probate is usually received within four to six weeks of filing the Application.
The Executor can then provide the Grant of Probate to the relevant organizations to close down and finalize the assets of the deceased.
Depending on the size of the estate and how complicated the deceased’s affairs are, the administration of your estate can take weeks or months.
Finding a dependable lawyer in Cairns
If you have been appointed an Executor and are unsure of where to start, the team of Marino Lawyers can help assist you to fulfil your obligations and responsibilities.
For enquiries, feel free to call (07) 4081 6700.