So you are ready to apply for a probate, but you are unsure about what documents are needed to be provided to your lawyer.
For an Executor to manage a deceased estate property, there are a number of documents needed and forms to fill out on behalf of the estate.
It’s a complicated process, but it’s important to take the necessary steps to ensure all documents are filed appropriately.
The application for probate consists of the following documents being filed with the Supreme Court:
Original will
The original will must be filed with the probate application to determine all the beneficiaries of the deceased estate.
The document will be retained by the court and once grant of probate has been made, it becomes a matter of public record.
It is important that there are no alterations or damage made to a Will. Doing so will need to be explained to the court when applying for probate, which can be costly and time consuming.
Clear copy of the will
When filing for a Probate Grant, you will need to make certified copies of the will for numerous reasons.
In Queensland, you can ask anyone who has possession of the will to hand over a copy of the will. This can include:
- A Lawyer
- The Public Trustee
- An executor
- A beneficiary
- Any other person who has a copy of the will
Grant of Probate
The Grant of Probate will be used as the official document proving your role as the Executor acting on behalf of the deceased estate.
Probate Documents in Queensland
In Queensland there are several forms you need to file which include:
- Application for Probate (Will) – Form 101
- Affidavit (Probate application) – Form 105
- Affidavit of publication – Form 104
Original Death Certificate (if available)
The original death certificate is needed when filing for Grant of Probate. Certified copies may also be needed by banks or insurance companies so they can prove the death of their customer.
Insurance Details
It is recommended to check for insurance documents or details. These can include funeral plans or insurance, life insurance policies, other insurances such as health, pet and personal.
Financial Documents
There are several types of financial documentation you will need so you have the full picture in terms of the deceased person’s assets and liabilities. These include not only financial assets but also any debts owed.
For any assets
You will also need the most recent statements and any earlier statements of assets around the date of death. These can include
- bank statements,
- car registration papers
- council rates summaries for any real estate.
For any liabilities
Statements or other documentation for anything that might have been a liability around the date of death. These can include
- mortgage, personal loan or credit card statements,
- Phone, electricity or other utility accounts,
- Pharmacy or nursing home bills.
Applying for a probate in Queensland
In Queensland, there are some pre-filing steps when it comes to filing for probate which include:
- Advertising your notice of intention to apply
- Serving notice on the Public Trustee
- Wait for the timeframe imposed by the court rules
To ensure you have the correct information, you can read more about applying for a grant in Queensland.
Seek Legal Advice
The process for getting a grant to administer an estate can be technical and complex. It is recommended to engage a legal professional to apply for you on your behalf.
The Cameron Rogers team offers guidance for each individual circumstance so you can properly and efficiently deal with your estate matter.
If you want to speak to a professional, reach out to us for an obligation free consultation now on 07 5445 1213 or book a consultation.
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