fbpx
MENU

Probate

Our lawyers can help you navigate the probate process and reduce chances of mistakes and delays that may occur in your time of grief.

How much do lawyers cost?

Use our online calculator to estimate the cost of a lawyer.

Cost of a Lawyer

Probate - Why you need a family lawyer

Financial Assets

Helping you determine whether probate is necessary

Probate is a legal process that validates or proves a deceased individual’s will before the estate can be administered. Our experienced lawyers can sit down with you and discuss whether or not probate is necessary or advisable in your circumstances. We can determine how any joint assets are held to consider what will be involved in the administration process.

Timely Legal Services

Assisting you in applying for a grant of probate

Applying for a grant of probate can often be an emotional time for those mourning a loved one, so a lawyer can help reduce the stress by assisting you in applying for the grant of probate, such as preparing necessary documents, creating an affidavit and providing professional or emotional support.

Dispute Resolution

Mitigating the chances of mistakes or delays

Experiencing the loss of a loved one is an extremely emotional time. Often executors do not have adequate time to mourn their loved one properly before they must embark on their duties as an executor. A lawyer can help you navigate through the probate process and reduce the chance of any mistakes or delays that may occur as a result of grief or stress.

Helping you understand and carry out your responsibilities

Understanding your responsibilities can be challenging after the death of a loved one, but it is important to seek a grant of probate so you can move forward with your responsibilities as an executor. A lawyer can help you gather your thoughts and inform you of all your responsibilities before, during and after the probate process is complete.

Frequently asked questions

A grant of probate is not just for the peace of mind of the executor, it is a document most financial institutions will require when the executor comes to them to collect assets of the deceased for distribution. Before these institutions hand over access or transfer thousands of dollars’ worth of the deceased’s assets to the executor, they want to see proof. The grant of probate is the proof that confirms the deceased has passed away, that the executor is who they say they are and that the will is authentic. Institutions will often refuse to deal with any executor who cannot show them a grant of probate.
The first step in applying for a grant of probate is to place an advertisement in the Queensland Law Reporter and inform the public trustee through a letter. Two weeks after the advertisement appears, a probate application be made to the Supreme Court. After you have lodged your application, court staff will examine the application documents and if everything is satisfactory, they will issue the grant.
Once you have filed an application in court, the Supreme Court usually estimates that it takes up to eight weeks until the grant of probate is issued.
There are some costs involved with the probate process. These include advertising fees, court filing fees and the fee for gaining access to the original death certificate from the Registry of Births, Deaths and Marriages. There may also be other costs involved, such as solicitor’s fees, postage, or fees for gaining access to any additional copies of the death certificate.
Many people believe that a delay in receiving the grant of probate may cause a delay in the administration of the estate to the deceased’s beneficiaries. This is not the case. The estate will never be distributed before nine months have passed from the deceased’s date of death. This is because this is how long other individuals have to challenge the will.
If an individual dies ‘intestate’ (without a will), the person who wishes to act as the administrator, which is the equivalent of an executor, must apply to the Supreme Court for letters of administration. This is another type of grant that is very similar to a grant of probate. The application process is similar and it serves an equivalent role. Letters of administration certify that the deceased has passed away, and that the administrator is who they say they are.

Why choose us

We will tell you the truth at all times

We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you through all aspects of probate

Forge Legal’s family lawyers are specialists in all areas of family law and can assist you with all legal matters of probate.

Trusted by thousands of clients

I needed a divorce lawyer I could trust. And I trusted Forge completely.

James Smith

In my darkest times Forge’s family first approach made me feel comforted and safe.

Joanne Jones

I was suprised by Forge’s holistic service. They were so much more than just great lawyers.

Abigail Whitehaven

In my darkest times Forge’s family first approach made me feel comforted and safe.

Joanne Jones

Need to talk to a family lawyer?

Please contact us to find out more about how our award-winning and respected family lawyers can make a positive difference in your life.

  • This field is for validation purposes and should be left unchanged.

Your enquiry is confidential