Probate Application Explained

Probate application in Australia will depend on your local Probate court and legislation.

Dave Kaplan Dave Kaplan
ARTICLE3 MIN READ
Probate Application Explained

Completing and filing a probate application can be a tricky process. Fortunately, with the help of this guide and Willed’s probate services, we can help you from start to finish, ensuring you follow each step correctly. Keep reading to learn more about probate in Australia.


What is a Probate Application?


A probate application in Australia is the process of applying for a Grant of Probate. This process allows the executor or Next of Kin to access the deceased's estate. Generally, one of the first things you should do after someone passes is to apply for probate.


How do you make a Probate application?


An application for Probate will most likely involve the following steps:



  1. To start, you need to publish a legal notice to make sure any creditors or people who might be in a position to challenge the Will, have the chance to make a claim.

  2. The Executor of the Willl files an application for Probate to the relevant state or territory Probate court along with documentation required by the local legislation. Supporting documents can include a death certificate, a Will, Codicils and a list of all the assets.

  3. When the application is approved, the Court issues Grant of Probate. The grant acts both as proof of an Executor’s authority, and the approval for them to deal with a range of third parties including banks and insurance companies.

  4. The Executor can then begin to carry out all the tasks required for the assets of the estate to distribute to beneficiaries under the terms of the Will.


Probate Application in Australia


How you apply for probate varies across each state and territory in Australia. We’ve put together a comprehensive list of probate applications for each state and territory to help you with the process. Probate applications can be challenging, so we do recommend seeking the help of a legal professional who can ensure you don’t miss any crucial steps of the application.


Probate Application NSW


Probate application in NSW starts by publishing an online notice of your intention to apply for a grant of probate on the New South Wales online registry. Then you need to wait a minimum of 14 days before filing your probate application. Once you file your application, you will be assigned a case number that references future matters related to your case.


Probate Application QLD


Probate applications include five basic steps in Queensland. You’ll start by advertising your intention to apply, then give a copy to the public trustee. Then you need to wait 14 days after your notice appears for people to object. Finally, if there are no objections, you can prepare the documents for your application.


Probate Application VIC


Probate application in VIC starts by advertising your intention to apply. From there, you’ll complete your application and upload your documents. Solicitors file 95% of applications, but the local Supreme Court mentions that you apply independently.


Probate Application TAS


The Supreme Court of Tasmania has exclusive jurisdiction in Tasmania to make orders about the validity of a Will, the appointment of an Executor or an Administrator and the administration of deceased estates.


Probate Applicaiton SA


Probate applications in SA start by collecting and preparing all necessary documents. Afterwards, you register and log in to CourtSA to complete the grant application form. You simply lodge your application and pay the fee when you're done.


Probate Application WA


You may not need a submit aprobate application in WA if the person who passed owned property as a joint tenant, had a joint bank account, their possessions were personal, or if the only property left was a car or a motorbike.


Probate Application ACT


Probate applications for ACT include an affidavit of the applicant for probate and for search. In addition, you must publish your notice of intention to apply for probate in a daily newspaper circulating the ACT.


Probate Application NT


Probate applications in NT protect family trusts or protected persons of the estate. They advise engaging a solicitor or applying to the Court to have the Public Trustee appointed to exercise those powers and duties.


Wrap Up


If you’re looking to complete a probate application in Australia and don’t know where to start, contact our team todayto learn more about our probate services. Starting with a free consultation, we our expert lawyers will chat with you to understand your individual situation. Then we’ll help to prepare and lodge your application.


Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice.


Share this guide:

Get a no obligation,fixed fee quote

Enter your details here and one of our lawyers will call you back to assist with your probate enquiry.