QLD Time Limit to Filing Probate?

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beyondit

Member
15 January 2017
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Is there any time limit for filing a probate application in Qld? And if so, how can an executor of will be compelled?
 

Lance

Well-Known Member
31 October 2015
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123
2,394
Hi,

I'm not in QLD but I had a quick look. The Executor is bound to administer the estate through the will and the Succession Act 1981(QLD). I couldn't find anything specifically around timeframes. But I found this blog post that might help https://www.lawanswers.com.au/blog/beneficiary-will-know-rights-qld/

In the post, it states that the executor must file for probate within 6 weeks of death. However a beneficiary can not compel the executor to distribute the estate with the first 12 months. I hope that helps.
 

beyondit

Member
15 January 2017
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Thanks, Lance.

I found s46(c) of the Act which seems to allow for a summons. Will investigate this further.