Grant of Probate

Probate and Deceased Estates

Probate is the Supreme Court of Queensland’s official recognition of a will as legally valid.

A grant is a Supreme Court document that recognises someone’s authority to deal with the estate of a person who has passed away.  Probate is often needed before the executor of a deceased estate can take control of the estate’s assets (administer the estate).

What a grant does

Executors and administrators of deceased estates must be authorised to administer the estate before they deal with the estate assets—a grant gives that authority.

There are 3 main types of grants:

• a valid will was written, and an executor named in the will is applying. This is known as a ‘grant of probate’.
• a valid will was written, and someone other than an executor named in the will is applying for a grant, the authorised person will be an administrator. This is known as a ‘grant of letters of administration of the will’.
• no valid will was written, the authorised person will be an administrator and the grant is known as a ‘grant of letters of administration on intestacy’.

Applying for probate

The process for getting probate can be complicated. You must advertise, complete a number of legal documents and file those documents with the Supreme Court.

When executors are administering an estate, they often need legal help to apply to the Supreme Court for probate.