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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 

Associate

 

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

 

 
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