Obtaining a Grant of Probate can be a complicated process if you do not know the process, what to look for and how to correctly complete the forms.
I have prepared a brief step-by-step workflow that should be followed in most circumstances:
- Obtain the original will and the original death certificate. It is important to scrutinise both documents and identify any issues which could hold up Probate. For a list of common requisitions, please see the Queensland Courts website. If there is no Will, you should contact a solicitor and obtain legal advice before proceeding.
- Prepare your advertisement. It is important that you use the correct wording otherwise your application could be requisitioned. A solicitor can ensure that the wording is correct and this will also help protect the Executor’s interests.
- Advertise. Place your advertisement in the Public Notices section of the daily paper where the deceased last lived and in the Queensland Law Reporter.
- Notify the Public Trustee. Give a copy of the advertisement to the Public Trustee by post, fax or deliver the notice in person.
- Wait for 2 weeks. It is important that you wait for two weeks after the last advertisement appears to give others time to object. If there is chance of objection to the application, you should contact a solicitor and obtain legal advice.
- Prepare your Application. Prepare the Court documents for application (including your Application for Probate and Supporting Affidavit material). It is extremely important that these documents follow the correct procedure, otherwise the Court may requisition your application. Please note, if there is an issue with the will or the death certificate you may need to file additional documents. A solicitor experienced in probate and estate law can help you with this.
- File your Application. You then need to file the application and supporting documents at your Supreme Court registry.
If you require assistance with obtaining a Grant of Probate (or Letters of Administration where there is no Will), and/or administering a deceased estate I would be more than happy to assist. Please do not hesitate to contact me.