What is a Probate?

A Probate is a grant of the Supreme Court of Queensland in which the Court officially recognises that the Will is valid. In many cases, a Grant of Probate is necessary to administer an estate.

When do you need a Probate?

An application for a Grant of Probate will be necessary where:

1. There is a dispute about the provisions of the Will;
2. If an institution like a Bank, insurance company or superannuation fund requires a Probate before they will release the funds of the estate; and
3. In various other circumstances as required by law.

Who can apply for a Probate?

1. The person/s appointed as the Executor (personal representative) in the Will is entitled to apply for a Grant of Probate from the Supreme Court of Queensland.
2. The Court will issue the Grant of Probate only when it is satisfied that the Will enclosed in the application is the last Will and testament of the deceased.

Sub-heading 4: What is the process to apply for a Probate?

1. You must advertise your intention to apply for a Grant of Probate in the Queensland Law Reporter;
2. You must provide a copy of the advertisement to the office of the Public Trustee of Queensland;
3. You must wait 14 days after the advertisements have been issued so that anyone wanting to object to the Grant of Probate can do so by lodging a caveat in Court; and
4. After 14 days have elapsed after the advertisement, you can file an application for the Grant of Probate in the Supreme Court of Queensland, along with the filing fee. You will be required to file the following documents with the Application for a Grant of Probate:
   1. The original Will (which will not be returned to you);
   2. The original Death Certificate (which will not be returned to you); and
   3. A copy of the advertisement.

The application process for a Grant of Probate can take anywhere from 4 – 6 weeks to be completed.