Getting a probate application right the first time

First, check you actually need it

Not every estate needs a grant. A house owned as joint tenants passes to the surviving owner automatically. Superannuation and life insurance often get paid outside the will. Some banks will release a small balance without probate.

Where the person owned real estate in their own name, or held larger amounts with banks or share registries, you'll usually need one. Ask each institution what it requires before you spend money on an application.

What to gather before you call

If you bring these to the first meeting, we can usually get the notice out straight away:

• The original signed will and any codicils, not a copy. Don't unstaple it, write on it or remove anything attached
• The death certificate
• A rough list of assets and debts: property, bank accounts, shares, vehicles, super and any loans
• Contact details for the other executors and the beneficiaries
• Anything that explains a name difference, such as a maiden name or a name the person was known by

The notice and the 14-day wait

Before filing, the executor has to publish a notice of intention to apply for a grant and serve a copy on the Public Trustee of Queensland. The application can't be filed until at least 14 days after that.

That fortnight isn't wasted. It's when we finalise the executor's affidavit, so the application is ready to file as soon as the waiting period ends.

The hold-ups I see most often

If the registry isn't satisfied with something, it sends a requisition, which is a written list of things to fix before the grant will issue. The usual causes are:

• The person's name is different on the will and the death certificate
• Handwritten changes or marks on the will that nobody has explained
• A staple mark or page that suggests something was attached and later removed
• An affidavit that was signed or witnessed incorrectly
• A will signed close to death where the death certificate mentions a condition like dementia

Dealing with them up front

Every one of those can usually be explained in a short extra affidavit filed with the application. It's far quicker to deal with them at the start than to wait for a requisition and then go back to the court.

After the grant

The grant gives you authority to deal with the estate. It doesn't finish the job. You still collect the assets, pay the debts, sort out tax and keep accounts before anything goes to the beneficiaries.

Be careful with timing. In Queensland, someone who wants to make a family provision claim generally has to give notice within six months of the death and start proceedings within nine months. Distributing too early can leave you personally exposed, so get advice before paying anyone out.