Probate of Will

Types of grants

• Grant of probate – This form of grant exists where a will has been validly constituted and the person applying for probate is listed as the executor of the will.
• Grant of letters of administration of the will – This grant exists where there is a valid will, but someone other than the executor is seeking probate. In this instance, the authorised person will be an administrator.
• Grant of letters of administration on intestacy – This grant arises where this is no valid will. The authorised person will be an administrator and the entire estate will be governed in accordance with the intestacy rules.

It is also important to note that where another State (or sometimes Country) has issued a grant of probate of letters of administration but the estate has assets located in Queensland, it may be necessary to obtain a reseal of that grant in Queensland.

Do I need probate?

There are a number of circumstances in which probate is not required. These include instances in which:

1. The value of the assets is relatively small;
2. The real estate is to be transferred to a beneficiary named in the will;
3. You have to sell real estate.

Who can apply?

Before probate is granted, a court must be satisfied that it is being sought by the appropriate person – that is, the person who is recognised as the personal representative of the estate.

For more information on making a will in Queensland, or for advice on estate administration, our friendly team is ready to help. Contact us online or by calling 1300 580 413.