A grant of probate validates the legitimacy of a Will and is necessary for the executor to manage and distribute the deceased's estate. Throughout the application process, there are various times when an executor must update others about probate.
Keep reading to learn more about probate notifications and when an executor should publish a notice of intention.
What is the online notice of intended application for probate?
When an executor applies for probate, they need to publish a notice of their intention to apply. This online notice of intended application for probate allows creditors, beneficiaries and the public the chance to make any enquiries or disputes.
Depending on where you’re applying for probate, the notice of intention to apply varies across Australia. For example, the executor publishes a notice of intention online in New South Wales, but in Queensland, you need to publish the notice in the Queensland Law Reporter.
The notice of intention is a crucial step in the probate process, and if done incorrectly, it can hold up receiving a grant of probate from the Supreme Court. Therefore, we suggest engaging the help of a professional probate service to ensure you complete all the necessary steps.
Who receives a probate notification?
The executor receives a probate notification from the Supreme Court once the Will is validated and the application is approved. This gives the executor authority to act as a legally authorised person on behalf of the deceased estate.
The executor receives a probate notification through the due process via the courts. Once they receive the probate notification, it triggers a series of new activities that allow the executor to start preparing the estate for administration.
The executor then notifies the beneficiaries as they have an interest in the estate, and this gives them confidence that the estate is legally valid and actively being administered.
What is an online notice of the intended distribution of an estate?
After the executor obtains the grant of probate, they need to publish a second notice of their intention to distribute the estate. This notice informs any creditors who haven’t made their presence known that they will lose their right to payment if they don’t inform the executor of the unpaid debt within a certain period. After receiving Probate, the record becomes public for others to read, including important documentation required for the application, such as the Will.
Applying for probate is a complicated and challenging process. If any steps get missed or done incorrectly, you can delay the process by months, which can make your job as executor even harder.