Probate is a document that is granted by the Supreme Court of Queensland to an executor. Executors appointed in a will can apply for probate to be granted to them. A grant of probate is the Court’s official recognition that the executor has a right to administer the estate in accordance with the will.
One of the first decisions you will need to make when commencing the administration of an estate is whether you need to obtain probate.
It may be necessary to obtain probate to deal with the deceased’s bank and property. Banks (and other asset holders) usually require probate before they will release funds to the executor when bank account balances exceed a certain sum of money. This sum differs from bank to bank.
Additionally, it is advisable to obtain probate as it offers executors protection from liability if someone subsequently challenges the validity of the will or a later will is found. As part of the probate process, a notice to creditors is also published which gives further protection from liability to the executor when distributing the estate.
The death of a family member or friend is an emotionally charged time, especially for those sorting out the affairs of the deceased. As experienced wills and estate lawyers, we know the relevant Court rules and processes to obtain a grant to make things easier for you. Check out our fixed fees to obtain probate or book a free chat if you have any questions about probate.