Probate is an official document obtained from the Supreme Court as recognition that the Will of a deceased person is legally valid. Probate need not be obtained in all estate matters, however, there are particular circumstances where a grant of probate may be required, such as when the executor is required to distribute proceeds of the estate held with an insurance institution or bank. It is common that if there are substantial funds or assets in the estate then a grant of probate may be required before those funds and assets can be disbursed.
To apply for probate, the executor of the estate must take the following steps:
1. Place advertisements in the Queensland Law Reporter and the Public Notices section in the local newspaper where the deceased previously resided;
2. Provide copies of the advertisements to the Public Trustee;
3. Wait for a period of two weeks during which time the public may object that probate be granted.
4. Prepare the application and supporting documents to be lodged with the Supreme Court, which will vary according to the issues surrounding the probate matter, however, typical documents include:
- the original Will of the deceased;
- an original certified copy of the death certificate; and
- a copy of the advertisements.
Following the lodgement of the documents, the Supreme Court will consider if granting probate is appropriate.
Whether you are required to obtain probate will depend on your situation. If you have any questions, please do not hesitate to contact one of our friendly Gold Coast Lawyers to assist you.