Probate is a process whereby a Will is recognised as being valid. A Grant of Probate cannot be made if there is no Will. It is the role of the Executor to obtain Probate, if it is required, in order to collect and distribute the estate pursuant to the Will. If the deceased has not left a Will, or it is invalid, it is not necessary to apply for a Grant of Probate.
If the deceased has assets in another state different from where they died, an application for probate will need to be filed in the state in which the assets are located. If the estate has probate in another state and there are assets located elsewhere, a Reseal of Probate may need to be sought. A Reseal of Probate allows a Will that has obtained a Grant of Probate in one State to be recognised in another State. With a Reseal of Probate, an Executor is able to handle and distribute all assets of the Estate regardless of where they are located.
It is important to note that the process of application for probate differs by state and can be seen below.
For example, to apply for probate in Queensland, there are five steps that need to be complied with. First, your intention to apply needs to be advertised in the Queensland Law Reporter (QLR). Second, a copy of notice to file your application must be given to the Public Trustee. Third, a period of 14 days must be cleared, following the publication of your notice on the QLR, to give people time to object your application. Fourth, a series of documents such as a grant of probate and letters of administration, must be prepared to apply. Finally, the application and supporting documentation can be filed at the Supreme Court.
This area of law can be complex - it is recommended that you obtain legal advice immediately from a solicitor if you have any doubts. If you are unsure of whether you need to apply for a Grant of Probate let us help you!
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