A will is a legal document of a person’s wishes and intentions that is required to be performed upon his/her death. The creator of the will is known as the testatrix/testator, it can only be revoked during his/her lifetime. A certified copy of the will is sealed under the jurisdiction and the grant of the administration of the estate of the testator. The person who creates a will expresses his/her wishes that need to be executed after his/her death by certain people named in the will. The people who are named in the will be called executors. Probate can only be granted to the executor. There can be more than two executors, depending on the deceased’s written wishes. The probate process is the proof that the will is executed genuinely, validly, and as per the person’s wishes, but you might be wondering “how do I file probate?”. Given below are the various steps that will guide you with what to follow & what not to during the application for probate.
How to apply for probate of a will?
The following steps must be taken to obtain a probate of a will:
- The executor of the will is to file a petition and the original will to the court for grant of probate. In the petition, the executor who is a petitioner in the case is required to mention the addresses and names of the deceased’s legal heirs after which a notice will be issued to them.
- The executor will be responsible to pay the court fees, this will depend on the total valuation of the asset.
- The petition should be filed before a court. The jurisdiction of the court depends on the petition’s monetary value. They may require a higher court for issue probate for high-value immovable assets through a person of law.
- In the next step, the court asks the petitioner to establish the deceased’s proof of death. The proof is to confirm that the tester has been executed and also confirm that this is the last will of the deceased.
- The court will call for objections by issuing a notice to the next of kin of the deceased. This is done to know if anyone has any objections.
- If no objections are received, the court will grant the probate.
- In case of an objection, the probate petition will become the original suit. The parties will be required to lead evidence and argue the matter. Then the courts will pass the judgment in the probate suit, depending on the arguments and evidence.
What is a probate application?
In Australia, a probate application is a process of applying for a grant of probate. This process will allow the next of kin or the executor to access the deceased’s estate. Applying for probate is one of the first things to do after someone has passed away.
How to make a probate application?
You will need a legal notice to make sure that people who want to make a claim can come forward. A probate application will involve the following steps:
- The executor of the will is supposed to file for an application for probate to the respective state or territory probate court. This needs to be applied with the necessary documentation and by the local legislation. The supporting documents will include a will, death certificates, list of all the assets and codicils.
- Once the application is approved, the court will issue a grant of probate. The grant will act both as approval for them to deal with third parties, insurance companies, and banks. And also acts as an executor’s authority.
- The executor will then begin to carry out all the tasks that are required for the assets of the mentioned estates to distribute to the beneficiaries as per the terms of the will.
Probate application in Australia
- Probate NSW: They start by publishing an online notice of your intentions to apply for the grant of probate on the NSW online registry. You will have to wait a minimum of 14 days before you file for your probate application. After applying, a case number will be assigned to you, this will be a reference to all the future matters related to your case. Probate NSW requires the authenticity of your intentions.
- Probate application QLD: Five basic steps are involved if you are applying for probate in Queensland. You need to start by advertising your intentions to apply and then you are required to give a copy of the public trustee. Here too, you must wait for 14 days, after this the notice will appear for people to object. In case there are no objections, you can start preparing the documents for your application.
- Probate application VIC: Here too, you must start by advertising your intentions to apply, then you will have to complete the application and upload the required documents, you can also read – What happens after probate is granted in Victoria.
- Probate application TAS: The supreme court of Tasmania exercises a unique jurisdiction in Tasmania to make the orders about the validity of a will.
- Probate application SA: The probate application starts by preparing and collecting the necessary documents. Then you need to register and then log in to court SA to complete the grant application. You just have to lodge the application and pay the fees once you are done.
- Probate application WA: You do not need to submit a probate application in WA, If the deceased has owned property as a joint tenant, their possessions were personal, had a joint bank account, or if the only property left was a motorbike or car.
- Probate application ACT: The probate application for ACT includes an affidavit of the applicant for probate and also for search. You should publish your notice of intention for probate, it is to be done in a daily newspaper circulating the ACT.
These are the various sets of rules and processes that need to be followed for probate. Follow the above steps if you are looking for what to follow & what not to during the application for probate.