ACT Grant of Probate, Creditors and next steps

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16 October 2018
My mother's estate is heading to court next week in the ACT for probate. Her estate is made up of cash only (a substantial sum) with little money outstanding to external debtors. She wrote a letter some time ago specifying that her estate is to be left to my siblings and I equal share (4 ways) and we are all the executors.

My brother and I had shared the costs of her storage shed (where her assets were moved when she went to the nursing home) as well as medical bills. Would we be able to be considered as creditors to be paid first or will this form part of our estate?

I have read that grant of probate takes anywhere from a few days to a few weeks in Canberra. Is anyone able to shed some light on this (I'm in Sydney)? The lawyer we have engaged to act on behalf of the estate is hard to get in touch with and also does not address all questions when asked (separate issue entirely there). Getting the estate to this point has taken over a year so we are all keen to get this sorted and be able to grieve our beloved mother.

Rob Legat - SBPL

LawTap Verified
16 February 2017
Gold Coast, Queensland
Expenses of the estate are paid before distribution, and the cost of storage and medical expenses form part of that.

As to how long, it's difficult to tell. It can depend on how as simple as how may applications are in front of yours.