Frequently Asked Questions
Wills And Probate Lawyers - FAQs
WHAT IS PROBATE AND WHY DO I NEED IT?
Probate is a legal process that confirms the validity of a deceased person's will and grants the executor the authority to administer the estate. It is needed to manage and distribute the deceased's assets according to their will.
WHAT ARE LETTERS OF ADMINISTRATION, AND WHEN ARE THEY NEED?
Letters of administration are granted when a person dies without a valid will (intestate), or if there is no executor named in the will or the named executor is unable or unwilling to act. They give the administrator the authority to manage and distribute the estate according to the laws of intestacy.
WHO CAN APPLY FOR PROBATE OR LETERS OF ADMINISTRATION?
Probate is usually applied for by the executor named in the will. Letters of administration are typically applied for by the deceased's next of kin or a person with a significant interest in the estate.
WHAT DOCUMENTS ARE NEED TO APPLY FOR PROBATE OR LETTERS OF ADMINISTRATION?
For probate: the original will, death certificate, completed probate application form, and an affidavit of the executor.
For letters of administration: death certificate, completed application form, and an affidavit of the applicant detailing the deceased's family and assets.
HOW LONG DOES IT TAKE TO OBTAIN PROBATE OR LETTERS OF ADMINISTRATION?
The time frame can vary, but it typically takes between 4 to 8 weeks from the date of application, assuming there are no complications or objections.
WHAT ARE THE COSTS ASSOCIATED WITH APPLYING FOR PROBATE OR LETTERS OF ADMINISTRATION?
Costs can include court filing fees, legal fees if a solicitor is engaged, and potential costs for obtaining valuations of the estate’s assets. The Supreme Court of Queensland provides a fee schedule for reference.
CAN I APPLY FOR PROBATE OR LETTERS OF ADMINISTRATION WITHOUT A SOLICITOR?
Yes, individuals can apply without a solicitor, but the process can be complex and time-consuming. Many choose to engage a solicitor to ensure the application is correctly prepared and submitted.
WHAT HAPPENS IF THERE IS A DISPUTE OVER THE WILL OR APPLICATION?
Disputes can delay the process and may require mediation or court intervention. Common disputes include challenges to the validity of the will, claims of inadequate provision, or disagreements about the distribution of assets.
HOW DO I NOW IF I NEED TO APPLY FOR PROBATE OR LETTERS OF ADMINISTRATION?
Not all estates require probate or letters of administration. It depends on the type and value of the assets. For example, small estates or assets held jointly may not require formal administration.
WHAT ARE MY RESPONSIBILITIES AS AN EXECUTOR OR ADMINISTRATOR?
As an executor or administrator, you are responsible for collecting and valuing the deceased’s assets, paying any debts and taxes, and distributing the remaining assets to the beneficiaries according to the will or the laws of intestacy.