PROBATE

First Steps

If you are the Executor of a Will, you may need to arrange for payment of the deceased’s funeral costs from their bank account. This is the only transaction that can be conducted on their bank account, except for deposits of interest and income.

Once you have received a formal death certificate from the Registry of Births, Deaths and Marriages, we ask you to please book an appointment with us so that we can discuss the Estate and provide you with advice on whether a Grant of Probate or Letters of Administration will be required, or if neither of these are applicable. Appointments are available at our Loganholme office.

Deceased in Aged Care Facility – Probate Required

Where your loved one was residing in an aged care facility and has paid a Refundable Accommodation Deposit (commonly referred to as an “RAD”), a Grant of Probate (where there is a valid Will) or Letters of Administration (where there is no valid Will) will be required by the aged care facility before they release the RAD to the Estate.

What is Probate?

Where the deceased had a valid Will, an executor can make an application to the Supreme Court for “Probate” of the Will, which is essentially confirmation by the Court that an executor can carry out the directions in the Will and deal with the assets that have been gifted.
Executors usually engage solicitors to assist with obtaining Probate as we help you to meet the Court’s requirements for preparing the affidavit evidence to support the application. We shoulder the paperwork burden at a time when you may need to focus more on family matters and we can act as an effective negotiator between family members and multiple executors.

• acting as your address for service of any competing claims for power to execute the Will, and notice of Family Provisions Claims by disappointed beneficiaries;
• preparing the application to the Court, preparing supporting affidavits and meeting with you to sign these;
• filing Probate paperwork with the Supreme Court Registry and answering any requests for further information from the Court;
• assisting you to pay any debts of the estate, and then dealing with property by either selling items or registering them in your name as Executor;
• providing you with use of our Solicitor’s Trust Account to use as the estate bank account, avoiding the need for you to open a bank account in the name of the Estate;
• assisting you to divide the property under the Will including selling real estate, converting term deposits to cash and selling personal items if necessary;
• arranging for payment of a RAD to our trust account;
• assisting you to carry out the intentions of the Will, whether by converting the assets to cash and distributing the cash or transferring specific assets to the beneficiaries;
• ensuring the estate is distributed after the required time period and according to law to ensure your position as executor does not leave your own personal assets vulnerable to claims from disappointed family members;
• providing you with taxation guidance and referring you for accounting assistance where necessary.

You will work closely with our small Logan City team who happily answer all questions and are available to speak with you on the phone or by email during our office hours of 8.30am to 5.00pm Monday to Friday. We welcome clients meeting with us in-person during your Probate matter and these meetings are included in the fees we quote.