probate

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will.
The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court decides the legal validity of a testator's (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. However, through the probate process, a will may be contested.

View More On Wikipedia.org
Recent contents
  1. L

    QLD How difficult is it to be dual executors of a will?

    Hi there! This is my first post here so sorry if I don't provide enough information. My mother has just gone into the Public Trustee to create a will for herself with myself (her son) and my brother as 50/50 split beneficiaries for all assets in her estate. As she is getting older she has given...
  2. J

    Suspect a fake document submitted as liability in probate in p

    My sister and I are joint executors and beneficiaries of our parents estate. My (older) sister always took on the roll of 'provider' if my parents needed help with property maintenance but it was no big deal until now, 6 months after my mum's passing. I lived with my mum for about 14 years until...
  3. K

    WA Complicated purchase of property during probate

    Hi, so over 12 months ago i was wanting to buy a home but i was waiting to sell before i could get finance. The owners were a divorced couple, who approached me for a private rent to buy situation. So i moved my family to another town, changed jobs and schools and have been living in the home i...
  4. C

    VIC Probate - Which State to Applies?

    I have a quick question. The deceased lived in Victoria for last 9 years but completed a will in South Australia in 2002. Assets are less than $100,00 and all assets are in Victoria. I presume that probate should be granted in Victoria rather than SA?
  5. Europa

    NSW Car Insurance Before Probate

    What is the position of car insurance after the policy holder passes away, but before Probate is granted? I understand that the Executor needs to notify the car insurance company that the policy holder has passed away, but will this leave the car uninsured until Probate is granted some months...
  6. DaniDee

    QLD Capacity, Wills, Probate & Scheming Wife

    TIA for reading my post Scenario: Family conflict - Adult son advises father that he is unable to visit family house anymore due to father's 2nd wife's excessive controlling, shaming, humiliation & criticism. Feb 2011 - Father starts having memory and cognitive issues, goes to Dr and is...
  7. K

    SA probate where assets are overseas

    My father died in South Australia a year ago. He had a will that was prepared here. His only assets in South Australia were a bank account and a car, both of which were held as joint tenants with my mum. However, he had a house in Italy which was only in his name and which he left to me. My...
  8. C

    WA Do We Need Probate for a Small Estate?

    My father-in-law’s passed. The Executor of Will has applied for probate but we feel it’s not necessary. He didn’t own his own home or land. No trusts. He had personal assets cars and old trucks and tools wouldn’t be over the ten thousand dollars mark. Little on his bank. Can we appeal probate...
  9. C

    QLD Grant of Probate Affidavits

    I am applying for Grant of Probate where 2 Execs have been named. The deceased passed away in QLD. 1 Exec is based in QLD and the Other NSW. Notice of intention to apply for Grant drafted and ready to be advertised in QRP and copy to Public Trustee. Here’s where I’m confused. For the Affidavits...
  10. M

    QLD Application for Probate

    I am currently trying to prepare the documentation for application for Probate with the will. I have completed the court documents to the best of my ability but have some questions. - I do not want to mark the original documents in any way, do I simply complete a Form 47 V.2 Certificate of...
Top Bottom