Applying for Grant of Probate

Embarking on the journey of applying for a grant of probate in Queensland can feel like navigating uncharted waters. Today, let's demystify the process and break down the essential steps to ensure a smooth and uncontested probate application.

Step 1: Gather Essential Documents

The first crucial step is assembling the necessary documents. Obtain the original copy of the will and the original death certificate. Providing these to your solicitor sets the foundation for the subsequent stages of the probate application.

Step 2: Form 103 Notice and Queensland Law Reporter Advertisement

With the foundational documents in hand, your solicitor will prepare a Form 103 notice for advertising in the Queensland Law Reporter. This notice serves as a public announcement of the intended probate application. After two weeks, you can proceed to the next phase.

Step 3: Application to the Court

Now, armed with the Form 103 notice and having given notice to the Public Trustee of Queensland, you are ready to make the application to the court. This involves submitting an application for probate along with the original will, the original death certificate, and an affidavit from the executor. Additional affidavits may be required, especially in cases involving a renunciation by an executor or if there are issues with the will itself.

Step 4: Addressing Specific Issues

In some cases, specific issues may arise during the application process. For example, if the will lacks a date, efforts may be needed to track down a witness who can confirm the signing date. Addressing these issues promptly is vital to ensure the probate application proceeds smoothly.

Step 5: Court Processing and Probate Issuance

Once the application is submitted, the court typically takes possession for about four to six weeks. During this period, the court reviews the application, and, if all is in order, the register issues the grant of probate.

Need some help?

Navigating the probate process can be intricate, especially during emotionally challenging times. If you're undertaking this for a loved one and need guidance, its best to talk it through with an experienced probate lawyer so call me at 0414 193 373 or book a free consultation, and we can walk through the process together.

Understanding the steps involved in a probate application in Queensland is crucial for a seamless and uncontested process. By following these steps and seeking professional guidance when needed, you can navigate this process with confidence.