What is a Grant of Probate?
Obtaining a Grant of Probate is the process where the executors of an estate apply to the Queensland Supreme Court to prove that the Will is in the possession of the executors is the last valid Will of the deceased person.
As an executor you have a legal responsibility to ensure that all of the debts of the deceased are paid before the residue of the estate is distributed in accordance with the terms of the Will.
As part of the process, the application is advertised so that any later Wills and creditors of the deceased have an opportunity to come forward and make their claim against the estate before the estate is distributed.
When the necessary advertising is completed and the appropriate Affidavits have been filed, the Court issues a sealed Grant of Probate which affirms that the Court has given approval that the Will filed is the last valid Will and the executors named in that Will are the legal personal representatives of the estate.
The steps involved are as follows:
- Advertise intention to apply for Grant of Probate in the local newspaper and Queensland Law Reporter;
- Serve Notice of Intention to apply for Grant of Probate upon the Public Trustee;
- Prepare affidavits for signing by the executors; and
- After expiry of the 14 day notification to the Public Trustee, file application documents with the Supreme Court of Queensland.
