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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.

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  1. DaniDee

    QLD 'Pre-Grant' Probate- Named Executor responsibilities??

    Whilst a probate application is being contested and no executor/administrator has been court appointed.... is there any fiduciary & legal responsibilities of the named executor to the estate & beneficiaries
  2. P

    NSW Estate distributed without probate. Bank accounts empty

    Hello. My father's estate has been distributed after a 6 month period. To my surprise all that was left was the RAD paid to his nursing home. This was paid into a solicitors trust fund without probate listed under search. His bank accounts were left in debt for a small sum $7k. I expected...
  3. D

    NSW Probate costs

    How much does probate cost. Does regulation schedule of cost 2015 include professionalnal fees and administration fees. Can a section break up probate into 3 stages and charge for each stage. Are fees regulated. Estate is approx. $970K. 1st Executor has passed away with 2 of the 3 children...
  4. T

    QLD 2 Executors and Form 105 "Affidavit Supporting Probate Application"

    My sister and I are executors of our brother's estate, She lives in Sydney, I in Qld. Do we both have to be deponents to Form 105? If so, is it ok for one to sign and JP to witness in Qld and send form to Sydney for my sister to sign and have a different JP in Sydney to witness and then Lodge...
  5. J


    Probate of my parents house was granted in August 2020. My sister who is co executor and co beneficiary is going about preparing the house for an end of Oct sale. We have not agreed on agent, inventory, works to be done, etc... There is a 47 yr old history of a house to dismantle and I have been...
  6. L

    QLD affidavit supporting probate application form 105.

    On the Death Certificate for "the cause of death" it is written "progressive severe dementia", but the Will was made 9 years previous when the deceased had full capacity and was without issue, and was signed in front of two JP's at the courthouse. My question is:- On form 105 can I delete clause...
  7. L

    QLD affidavit supporting probate application form 105

    in clause 5 can i completly delete the clause as it does not apply to me as i am the deceased daughter, plus in clause 4 there i s no evidence suggesting lack of testamentery capacity so do i answer clause 4 ? thankyou
  8. J

    NSW Access to property as co-owners

    Probate has just been granted on my mothers house where I have lived for the past 14 years as her carer. My sister and I are equal beneficiaries and executors. Legally, can my sister enter the property, let herself in and remove articles whilst I am not present?. I don't have an issue with...
  9. D

    VIC Estate Distribution without probate

    Hi Estate does not require probate, but wondering if is it recommended to advertise prior to final distribution (as a safe guard being an executor)? Ad's usually done on Supreme Court Vic site, but would this be allowed since probate was not applied for on the site. Or is there another...
  10. M

    NSW Executor denied access to property by caravan park owner before and after probate

    Major caravan park owner continues to deny access to a cabin