What Really Happens During Probate? A Step-by-Step Guide
When a loved one passes away, many families face an unfamiliar legal process called probate. It’s often seen as complicated, stressful, and full of legal jargon. Speaking with an experienced estate administration lawyer can make a big difference.
Our team is here to guide you through every stage of the probate process, from filing documents to distributing assets. Call us today on (07) 3703 1888 or book a consultation to get trusted advice and support.
So, what is probate in Queensland, and how does the probate process actually work? Here’s a clear step-by-step guide to help you understand what really happens.
What Is Probate?
Probate is the court’s formal approval of a will. It confirms the document is valid and gives the executor (the person named in the will) the legal authority to manage the estate. In Queensland, probate is handled by the Supreme Court. If there’s no will, a similar process called “letters of administration” applies.
Families often fear that probate will drag on or become a costly burden. While it can be complex, understanding the steps makes the journey much less daunting.
Step 1: Locating the Will and Assets
The first task is finding the original will and identifying the estate’s assets and debts. This might include property, bank accounts, investments, and personal items. Executors often feel pressure at this stage, worrying they might miss something important.
Step 2: Applying for Probate
The executor may need to apply to the Supreme Court for probate.. This involves filing court documents, advertising the intention to apply, and waiting for a response period. Missing a step here can delay the whole process, which is why many executors seek legal help.
Step 3: Managing the Estate
Once probate is granted, the executor can collect funds, pay outstanding debts, and prepare to distribute assets. This is where tensions may rise among family members — especially if the estate is complex or there are disagreements.
Step 4: Distributing Assets
Finally, the executor distributes the estate according to the will. Beneficiaries receive their inheritance, and the executor completes final paperwork. For families, this step is often the moment of closure they’ve been waiting for.
Why Professional Guidance Matters
Direct Lawyers’ estate administration team, led by professional and experienced lawyers Dion McCurdy and Liam Ellery, regularly advise that executors carry a huge responsibility. Legal guidance helps avoid delays, disputes, and mistakes that can cost the estate.
Many people assume probate is just paperwork, but errors in the process can leave executors personally liable.
Supporting Families Through the Probate Journey
Probate doesn’t have to be overwhelming. With the right support, executors can carry out their duties confidently, knowing they’re acting in line with Queensland law.
For more detailed help, see our guide on executor’s duties in estate administration and our article on probate vs estate administration. You can also learn about estate administration costs and when it’s time to seek help from a probate lawyer.
Reference
For official information, visit the Queensland Courts – Probate and Letters of Administration.