Probate in Moreton Bay and Redcliffe: a plain-English guide for executors

Do you need probate?

Probate is the court's confirmation that the will is valid and that you can act as executor. You'll usually need it if the estate includes real estate held in the deceased's sole name, shares, or bank balances above the bank's own limit.

You usually won't need it if everything was held jointly with a surviving spouse, or the estate is small and the banks agree to release funds without it.

The first few weeks

• Find the original will (not a copy) and check whether it's held by a solicitor or the Public Trustee
• Get the death certificate once it's issued
• Make a list of assets and debts: house, bank accounts, super, shares, cars, loans
• Tell banks, Centrelink and insurers about the death
• Check the house is secure and insured
• Don't sell or give away assets until you know whether probate is needed

The steps to a grant

Before applying, a notice of intention to apply has to be published on the Queensland Courts website, and you then wait at least 14 days. The application and supporting affidavits are then filed with the Supreme Court registry. The court can send back questions (requisitions) if anything in the will or the paperwork needs explaining.

Once the grant is issued, you can collect the assets, pay debts and tax, and distribute the estate under the will.

Superannuation is usually separate

Super doesn't automatically form part of the estate. It's paid by the fund under any binding nomination, or at the trustee's discretion. Contact each fund early, as their processes can take months.

Selling the family home

Many Redcliffe Peninsula estates include an older family home. You can often sign a contract before the grant, but settlement usually has to wait until probate is issued. We handle the probate and the sale together so the dates line up.

Probate in Moreton Bay: common questions