Recently Lost Someone?
As an Executor or Beneficiary, You’ll Want to Know What Happens Next

If you have recently lost someone, are named as an executor of an estate or a beneficiary of a Will, you no doubt want to understand what to do, what happens next and how long things might take.

This is the process of estate administration.

Whilst it might vary, depending on the State or Territory you live in, or the nuisances of the particular estate in question, there are some broad common themes that will generally arise.

Probate and Deceased Estates in Queensland

What is Grant of Probate and Do I Need One?

Probate is the official Court recognition of a Will as legally valid.

In many cases, Probate will be required in order to attend to the administration of the estate.

In particular, the Australian Taxation Office and most asset holders/institutions will insist upon a Grant being obtained before they will deal with the Executor and/or enable them to take control of the estate assets.

Applying for a Grant of Probate is generally an administrative and non-adversarial process that does not require any in-person Court attendance.

It does, however, involve a number of procedural steps and Court forms to be completed within specific timeframes. As part of the standard process, you will also need to deposit the original Will with the Court. In light of the stringent requirements, an application for a Grant of Probate is best and most efficiently completed with the assistance of legal advice and guidance.

It can take approximately 6-12 weeks to obtain a Grant of Probate in Queensland.

At Parsons Law we only practice in the area of Wills and Estates.

This means, we are truly specialists in this area of law and can assist in respect to any legal matter concerning Wills and Estates in Queensland.

If a person dies without a Will, they are said to die intestate.

As there is no Will and no Executor, no one will have formal authority to deal with the estate administration until a Grant of Letters of Administration has been obtained from the Court.

The person appointed by the Court is called an Administrator. Their role is akin to that of an Executor.

Who has priority to apply to be an Administrator is set out in the law and will generally depend upon where the deceased person died and who they are survived by.

The Court application is, again, generally an administrative and non-adversarial process that does not require any in-person Court attendance. However, it can take some months to complete.

What if there is no will?

What Should You Do?

Our journey with you begins with a conversation

At Parsons Law we only practice in the area of Wills and Estates and have two Queensland Law Society Accredited Specialist Succession Lawyers amongst our talented team. This means, we are truly specialists in this area of law and can assist in respect to any legal matter concerning Wills and Estates in Queensland.

The process to start your journey with us begins with a conversation so that we can better understand your particular circumstances and needs. Following that discussion, we will then provide you with a quote for our fees to assist in respect to your matter.

To book an initial consultation with our office please click the button to email us

REQUEST A CONSULTATION

or you may call us on (07) 5522 9272

To find out more about our initial consultation process and cost click here or call us on (07) 5522 9272.

To find out more about Parsons Law and Estate Administration in Queensland click here