Understanding Probate – by Virginnia Yow

Virginnia Yow.

by Virginnia Yow

What is Probate?

Probate refers to the legal process of validating and executing a deceased person’s will. It involves the court’s recognition and approval of the will as the valid and final testament of the deceased. This process ensures that the deceased person’s assets are distributed correctly and in accordance with their wishes.

Do I Need to Obtain Probate?

A grant of probate is typically needed in Queensland when a deceased person’s estate includes assets of significant value such as property, bank accounts, or investments that require formal transfer of ownership.

The Laws and Process

The process of obtaining probate consists of several steps, including gathering supporting documents, notice and advertisement, observing waiting periods, preparing the application, objections and caveats, grant of probate and finally administering the estate.

Is Probate Always Granted?

Probate is not always granted automatically. The Court will review the application for probate and assess its validity before granting probate. There are situations where probate may not be granted, such as invalid or improper wills or errors or incomplete applications.

Do I Need a Lawyer?

You can apply for a grant of probate without a lawyer, however, having Miller Sockhill Lawyers obtain a grant of probate on your behalf has several benefits including expertise and guidance, legal representation, and peace of mind.

If you have been named an executor and need help with applying for probate or administering an estate, please contact the friendly team at Miller Sockhill Lawyers on (07) 5444 4750.

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