Probate & Letters of Administration

After a person passes away, even if they have left a Will, a process must take place for a person or people to be appointed to deal with the deceased person’s estate. There are two types of processes depending on whether the deceased died leaving a valid Will or not.

Grant of Probate

If a person dies with a Will, this process is called applying for a Grant of Probate. The people who would apply for the Grant of Probate are generally the executors of the Will. An executor is a person (or persons) named by the Will-maker, to administer the deceased estate.

Letters of Administration

If a person dies without a Will, this is called dying intestate and the process in this situation is to apply for a Grant of Letters of Administration. The people who are granted these are called administrators.

Each of these involves applying to the court to confirm that the executors/administrators can begin to administer a deceased person’s estate. At the end of the process, the court will provide the documents required to give that executor or administrator authority to speak to entities such as banks and real estate agents on behalf of the deceased person's estate.

Do I need to tell anyone that I am applying for a Grant of Probate or Letters of Administration?

As part of the process for an application for either grant, you will need to publish a public notice in the Queensland Law Reporter and tell the public trustee that you intend to apply for a grant.

There is a set format that you will need to follow when placing this notice.

IM Lawyers can do the hard work for you by preparing and publishing the notices on your behalf.

Book a free first consultation: 1800 001 339

What are the primary duties of the executor or administrator?

The primary duties of the executor or administrator are to “deal” with the estate.  That means that they will collect all the assets of the deceased person and distribute them correctly (ie, either in accordance with the Will or the applicable law if there was no Will).

The executor or administrator also needs to ensure that the debts of the estate are accounted for, and ensure that the deceased person’s taxes are in order.

In some circumstances, the executor or administrator may be responsible for arranging the deceased person’s funeral.

Are there fees involved in applying for a Grant of Probate or Letters of Administration?

The two main fees associated with an application for a Grant of Probate or Letters of Administration are:

1. Advertising fees – a person’s intention to apply must be advertised in the Queensland Law Reporter and there is a fee for this ad to appear; and
2. Filing fees – to file the necessary documents with the court for their consideration, there is a filing fee.

Each of these fees changes from time to time and may depend on your circumstances. If you’d like to know more about the fees applicable to you, give IM Lawyers a call to discuss further. Generally, these fees can be paid out of the estate.

Book a free first consultation: 1800 001 339

How long does it take to apply for Grant of Probate or Letters of Administration?

Unfortunately, the process to apply for Letters of Administration or Probate is not as simple as filing in a form and waiting for a response. The process involves quite a few instances where you need to provide various parties which a certain time frame of notice (for example you must advertise the intention for at least two weeks).

Once all the documents are filed with the courts, then the process can take four to six months before the courts deliver the necessary documents.

How can IM Lawyers help with Probate?

IM Lawyers understands that the passing of a loved one is already a difficult time without having to also prepare all the necessary paperwork to apply for a Grant of Probate or Letters of Administration. 

We can help by gathering all the information, preparing all the paperwork, and liaising with other third parties to apply for the grant.