Applying for a Grant of Probate or Letters of Administration to administer an estate can be a confusing and complicated process. There are a number of steps which must be undertaken in order to obtain a Grant of Probate or Letters of Administration.
Whether an application for a Grant of Probate or Letters of Administration is made will depend on the circumstances of the deceased’s estate. Where there is a Will which appoints executors, a Grant of Probate will be sought as it is an official recognition by the Court that the executors are entitled to administer the estate.
If the deceased has died without a Will (intestate), a Will does not appoint an executor or the executor is unable or unwilling to act, an application for Letters of Administration must be sought. The Court will then order an individual is appointed as an administrator of the estate.
Upon becoming aware that you or a family member intends to make an application for a Grant of Probate or Letters of Administration, advertisement of that intention is required. Individuals are only required to advertise in the Queensland Law Reporter and must follow the wording provided in Form 103.
Once the advertisement is published in the Queensland Law Reporter individuals are required to provide the Public Trustee with a copy of the advertisement. Upon providing the advertisement to the Public Trustee you must wait seven (7) clear days before preparing your Application.
Individuals must wait at least fourteen (14) clear days after the notice is advertised before filing an Application for a Grant of Probate or Letters of Administration. Within these fourteen days, individuals who have an interest in the estate can file a caveat over the estate. If the individual objecting has evidence to support they have an interest in the estate, a Grant of Probate or Letters of Administration will not be issued until the claim is resolved.
Making an Application to the Supreme Court for a Grant of Probate requires the following documents:
An Application for Letters of Administration requires the following documents:
On filing an Application with the Supreme Court there will be a filing fee which will be applicable. On filing the Application the registry will consider if the documents meet the requirements. If the Application has been prepared correctly the Court will grant Probate or Letters of Administration.
It is important to keep in mind Applications for a Grant of Probate or Letters of Administration can take anywhere between four (4) to six (6) weeks or more to be processed and provided by the Court.
It is essential you have experienced solicitors when applying for a Grant of Probate or Letters of Administration. If you need to administer an estate, our estate law team will advise you on the proper course and make sure your rights are protected.
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000