Queensland is without a doubt the best State in Australia. We all know that. But did you know that Queensland is also the best for estate administration?
We have great law in Queensland that means that many estates are able to be administered “informally”. Informally means without a grant of representation from the Supreme Court. Everyone has heard of probate, but what is it?
Probate is the “proving” of a will by applying to the Supreme Court for orders that the will be “admitted to probate”. Once the Court admits a will to probate, you can be satisfied, without more, that the will is the true and last will of the deceased person.
By applying to Court is expensive. Usually, probate costs between $2,500-3,000 because of the associated costs of advertising a Notice of Intention, Court filing fees, and the legal skill and services involved in correctly drafting the application and compliance with all the court rules. It also takes time, usually about six weeks, and sometimes longer, if the application is complicated.
Lately, I’ve seen a number of estates where probate has been obtained in circumstances where it is not required or recommended. What a waste of money and time!
Whether probate is necessary, depends upon whether the estate may be administered without a grant of probate. That’s a question that can be easily answered by someone with experience in estate administration, so it is disappointing to see that families have had to bear the delay and expense associated with probate where it is not needed.
If you have questions about probate, you are welcome to contact me at O’Connor Law 07 40311 211.