Probate & Deceased Estates

What is Probate?

A grant of “probate” means getting official court recognition that a deceased’s person’s Will is legally valid.

The grant is a document that recognises someone’s authority to deal with the deceased’s estate, such as the executor named in the Will.

There are 3 main types of grants:

• a valid will was written, and an executor named in the will is applying. This is known as a ‘grant of probate’.
• a valid will was written, and someone other than an executor named in the will is applying for a grant, the authorised person will be an administrator. This is known as a ‘grant of letters of administration of the will’.
• no valid will was written, the authorised person will be an administrator and the grant is known as a ‘grant of letters of administration on intestacy’.

Applying for probate

The process for getting probate can be complicated. You must advertise, complete a number of legal documents and file those documents with the Supreme Court.

When executors are administering an estate, they often need legal help to apply to the Supreme Court for probate.

We provide that help.

Fixed Fee Services

Our fee is fixed on the basis that no additional requirements for affidavits are needed to make the application. Extra fees may be needed if the grant application is not standard.

Alternatively, you may wish to use the Queensland Government’s Public Trustee’s services to process your probate application. However, the Public Trustee suggests that you engage your own private solicitor as doing so will often be cheaper.