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What is Probate, and is Probate necessary

What is Probate, and is Probate necessary

Posted on
Fri, 10/26/2018 - 16:50
Posted by ThomasAshton

By Thomas Ashton 



One of the most common questions for a new executor is whether they will need a grant of probate – and for that matter, what is probate?


Put simply, a grant of probate is a court order made to an executor, naming the executor as the person to deal with on behalf of the deceased person’s estate.  For completeness, it also annexes a copy of the will admitted to probate so the last valid will of the deceased is readily apparent.


So why bother?  Under Queensland succession law, obtaining a grant of probate is not strictly required (in contrast to many of the other Australian States and Territories).  However, many banks and estate asset holders require the executor to obtain a grant – this way the asset holder can rely on a Supreme Court order (i.e. probate) to deal with the executor, rather than relying on the executor alone.  Obtaining a grant also provides many other protections to the executor.


Robbins Watson regularly assist executors in estate administration and obtaining probate, and can happily assist in answering your questions and guiding you through the court process of applying for a grant of probate.


Should you wish to download a copy of this article click HERE


  1. The information on this blogpost is of a general nature, not intended to be specific professional advice.
  2. Please seek the opinion of a professional to advise you of your situation.
  3. The author’s opinions are his/her own and do not represent the views of any other person, firm or entity.
  4. The author is not responsible for the accuracy or appropriateness of third-party comments or articles, including those of guest authors and editorial contributions.
  5. Any comments, letters, and other submissions are moderated and may be edited or withheld at the sole discretion of the author.

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