Probate is the formal proof of the validity of the last will of a deceased person and is granted by the Supreme Court. It provides the executor with the legal authority to carry out the intentions of the deceased as expressed in the will.
To obtain a grant of probate, it is necessary to follow prescribed legal procedure which includes:
- publication of a Notice of Intention to apply for probate to determine that there are no subsequent wills in existence and to notify potential claimants that the executor is making an application for probate to the court. The notice must be published in a local newspaper or one circulating throughout the State of Queensland and in the Queensland Law Reporter and a copy lodged with the Public Trustee.
- filing an Application for Probate and supporting documentation (including affidavit material) to the Supreme Court, no less than fourteen (14) days from the last publication of the Notice of Intention.
Being very familiar with the processes involved, our Queensland estate lawyers can assist with the application for probate expeditiously and cost effectively.