Complete Guide to Probate Qld 2022

Gathered Here

Gathered Here

20/11/2018

Welcome to our Complete Guide to Probate Qld. If a loved one has passed away and left a will in Queensland, then it’s likely a grant of probate will be necessary in order to administer that will and deal with the deceased’s estate.

In brief, probate is the process of having the Supreme Court of Queensland give recognition to the deceased’s will. It is the procedure that is often needed before the executor can begin to collect and distribute the deceased’s assets. For a more detailed discussion on probate see What is Probate?

If a deceased has passed away without leaving a will, see our Guide to Letters of Administration and Letters of Administration Qld.

Probate Qld application process

In Qld, the first step is to publish a notice of intention to apply for a grant of probate in the Queensland Law Reporter. You must also give a copy of the notice to the Public Trustee of Queensland. Advertising your intention allows the deceased’s creditors to make a claim on the estate, and also provides an opportunity for other interested parties to file an objection if they believe they have a claim to the estate.

You must then wait at least 14 days after the notice is published, and 7 days after the Public Trustee receives the notice, after which you can file your application, together with the required documents, at the Supreme Court of Queensland.

Documents required to file for probate Qld

Documents required for a probate application in Queensland include:

  • Application for Probate;
  • original Will (and any Codicils) and one photocopy;
  • Affidavit in Support exhibiting a copy of the Will and the original Death Certificate;
  • Affidavit of Publication and Service, exhibiting the Notice of Intention to Apply for a Grant;
  • Certificate of Exhibit for each exhibit.

How to file an application for probate Qld

The application can be filed in person or by post.

More information

You can find more information about probate Qld, including the forms for application, on the Supreme Court of Queensland website.

How much does probate cost in Queensland?

The cost of a grant of probate in Queensland can include a number of fees, including an advertising fee, a court filing fee and the cost of a probate lawyer. For more information see Probate Queensland Costs – What are the Probate Fees in Queensland?

How long does probate take in Queensland?

Grants of probate in Qld are issued in approximately 3 weeks.

How to get probate Qld

If you need to apply for a grant of probate in Queensland, it’s a good idea to get legal advice from an experienced probate professional. Gathered Here offers access to the best probate lawyers in Qld at the most affordable rates. Our Fixed Fee Probate Service means a fixed legal fee for your Qld probate application which you’ll be told upfront. Get a fixed fee quote now – it’s free and there’s no obligation to proceed.

We hope you’ve found this guide to Probate Qld useful. For information about dealing with a deceased’s estate, see our Probate FAQs.

If you have any questions about our Fixed Fee Probate Service, or any of our other services, please don’t hesitate to get in touch with us at support@gatheredhere.com.au or start a live chat by clicking the floating message box in the bottom right corner of your screen.

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