probate

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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 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...
  2. 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...
  3. 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...
  4. 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...
  5. 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...
  6. R

    NSW Copy of probate without solicitor

    As my child is a minor and a beneficiary am I able to request a copy of the probate from the Supreme Court without going to the family solicitor completing the estate? There is no relationship with the family and I’d rather them not know I am requesting a copy. I want to make sure my daughter...
  7. M

    VIC Opinions on Contest a Will?

    My elderly mother has recently passed away. My father died years ago and an older sibling, who lived with them, became my mother's carer, as she had dementia...although died from cancer. Both my mother and father had the same will originally, leaving the deceased estate to each other, and if /...
  8. KitnCaboo

    NSW Bank Needing Beneficiary's Date of Birth - Options?

    I am Executor of Will for my late parent's will. I am in the process of obtaining Probate (via Solicitor) and have opened an "Estate Account" at the same bank as my late parent banked. There are 2 Beneficiaries, myself and my late parent's sibling who was left a Gift/Special Bequest of $2000...
  9. W

    VIC Death Benefit Paid to Beneficiary Who Died 3 Weeks Later?

    My parents have passed away recently within 20 days of each other. My mother was a member of a APRA retail superannuation fund in pension phase with no insurance attached (over 70yrs). The death benefit was the accumulated balance in the fund. My father was her dependent beneficiary at her...
  10. K

    Remove Joint Executor and House Expenses

    I am a joint executor with my sibling in Victoria. Probate was granted in January 2018. She has refused to give instructions to our joint probate solicitor to complete the paperwork to have the house and car signed over to me according to our father’s Will. The requests have been made by my...