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VIC What is a Cheaper Alternative to Probate Court?

Discussion in 'Wills and Estate Planning Law Forum' started by petermark, 28 September 2016.

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  1. petermark

    petermark Member

    24 September 2016
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    I was told if I go to the probate court, the legal cost is very high. Is there a much cheaper legal process alternative?

    The issue is about a house.

    Thanks in advance.
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
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    Hi Petermark,

    The cheapest option is not getting probate at all. In some cases, depending on what is included in the estate, probate may not be required for administration.

    Is there only real property to distribute from the estate? If so, you may be able to get away without probate. Was the property owned by the deceased solely? Or were they joint tenants with someone else? Real property can be transferred without a Grant (1) if the property is owned as Joint Tenants on the Land Title, (2) alternatively a property may be transferred without Probate if the deceased has a valid last Will and Testament.

    If there other other assets such as bank accounts, you may still be able to withdraw these funds without probate as well. There are legal thresholds for how much executors can obtain - each bank has its own threshold and often its at the discretion of the bank whether they let you have it or not.

    However, if there is something for which you definitely require probate, the cheapest option is self representing or getting a DIY kit. Any probate will at a minimum incur the following fees:
    • Supreme Court Filing Fee - $659.70 (Concession Card Holders - $120.30)
    • Advertisement: Queensland Law Reporter – $161.70
    • Advertisement: Local Newspaper - $200-$500)
    Costs are on top of this if you want to get a lawyer or the Public Trustee to do it for you.

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