Welcome to Inheritance Solutions resource page on Grants of Probate Queensland. Please find as follows links to answers relating to frequently asked questions when applying for a Grant of Probate in Queensland.
1. Whether you need Probate
A Grant of Probate is not always required to finalise the transfer of estate money and property. Usually if a Grant is requested from a Bank, Superannuation Fund, Insurance Company or other Property Group then they will require it. However, we have had a few situations where a Grant has been requested from the above institutions and with a bit of negotiation have been able to release assets without it. Our tips are as follows:Bank Accounts
There are legal thresholds that allow for smaller estates to release assets without incurring the costs of obtaining a Grant in Queensland. Usually for Banking Institutions you can have deposits in bank accounts released up to the amount of $15,000. Most (not all) of the major Banks have internal policies that allow Executors to release funds up to the amount of $50,000, however this is at the discretion of each Bank and not a right. From previous experience we have been advised of the following thresholds (which are subject to change at the Banks' discretion):
Suncorp Bank $50,000;
Commonwealth Bank $50,000;
ANZ Bank $80,000;
BOQ potentially up to $75,000 on conditional circumstances;
Bendigo Bank $50,000; and
It is common for retirement home facilitators to place a clause within their contract that money held will not be released until a Grant of Probate is obtained. Unless the contract fails to mention such a requirement there is little room for negotiating out of the requirement for obtaining a Grant of Probate.ASX Shares
Share Registries have different minimum thresholds of whether a Grant of Probate is required to transfer shares. While the minimum may be $15,000 for one share registry (for example, Linkmarket Services), another share registry may have a threshold of $25,000 (for example, Computershare). You can check a previous share statement to see which organisation maintains the information relating to the shares.Property
Real property can be transferred without a Grant in two ways (1) if the property is owned as Joint Tenants on the Land Title, (2) alternatively a property may be transferred without Probate if the deceased has a valid last Will and Testament.Estate Bank Cheques
Even if families are successful with releasing estate monies without a Grant, for example an insurance payout or superannuation payout, a cheque may be issued with the name of the Estate on it. Unfortunately many Banking Institutes will not deposit such cheques until you open a Bank Account in the name of the estate. To open a bank account in the name of an estate some Banking Institutions will require a Grant of Probate while others may not.
2. PROBATE PROCESS
Probate involves a legal process of seeking the Supreme Court's recognition by Grant of Probate.
Obtaining Probate provides assurance to others that you have the true last Will of the deceased and that you are the authorised Executor/s (declared by the Grant of Probate). As an overview completing a Probate Qld Application involves:
- Placing Notice of Intention to Apply For Grant ("Notice") in the Queensland Law Reporter and any other notice the Court or Registrar considers appropriate;
- Providing Written Notice to the Public Trustee of Queensland;
- Evidencing Regulatory Compliance;
- Preparing Court Application, Affidavits, Certificates of Exhibits, Will and Death Certificate, etc;
- File the Court Application in the Supreme Court Registry; and
- Answering any queries or concerns the Registrar may have regarding the Application.
Inheritance Solutions obtain Grants of Probate in Queensland. Other ways of obtaining a Grant of Probate along with average prices are detailed in each of the above Tabs (click tabs for more information).
Inheritance Solutions represents the best value by offering a Complete Service or Assisted Options. Our service reflects the following:
We do more Probate Applications then other law firms which lowers costs;
Our team is led by Nathan Basnett, award winning, local Wills & Estates Solicitor ( Juris Doctor );
We help you obtain a Grant of Probate as fast as possible;
We have the ability to fix prices;
We can organise Probate for Executors who do not live locally; and
We welcome our clients to contact us without fee.
While rarely done, families can represent themselves and complete their own Originating Application to the Supreme Court Registry in Brisbane. The Supreme Court of Queensland website gives some basic information on representing yourself, but from our experience not enough to make the process easy. You will have to read and have a good understanding of the Succession Act 1981 (Qld) and Uniform Civil Procedure Rules 1999 (Qld) to give you a better chance of being successful in your Application.Our Comparative Solution! Whilst we can obtain Probate for you, if you wish to lower your costs Inheritance Solutions also gives you the ability to do some tasks yourself. The rest of the complex Supreme Court Forms can be organised by our Solicitors. This gives you the ability to save money while the complicated paperwork is completed for you.
DIY Probate Kits can provide additional commentary on completing Supreme Court Probate Forms yourself. DIY Probate Kits make Executors sign-off on their own Probate Application making the Executor the contact person who is fully responsible to the Supreme Court Registrar. Some DIY Kits can be assisted / supported by staff, or, just a document containing some additional instructions and guidelines on what to do. The biggest problem with DIY Kits are that they are limited in their use and do not take into account every situation, worse yet you have to pay for them in advance before you see their quality.
Even if they do come with phone / staff support you should question who you are talking to on the other end, what's their qualification and liability before you take their advice, often you will see a big disclosure that they cannot give legal advice (either because they hold no legal qualification, have no insurance or deny any liability). This often results in documents being prepared without reliable advice and making the Executor fully responsible for the consequences.
On Google DIY Probate Kits range from $250 - $600 depending on their included features (excluding Supreme Court Filing Fees and Grant Advertisement Fees).
Our Comparative Solution! Whilst we can obtain Probate for you, if you are a DIY'er and wish to attend to obtain Probate yourself but require some assistance we can help. We don't offer DIY Probate Kits because they are too risky and limited, instead, our Solicitors can prepare only the complex parts of the probate application that you may require assistance with as per your instructions. Our solution provides a lot more assurance than a standalone DIY Probate Kit because our services are guaranteed.
The Public Trustee is a Government associated group who acts as Trustee (controller) in a variety of matters. The Public Trustee has the ability to operate privately to obtain a Grant of Probate however they are a Fee for Service Operation.As at the 17 July 2018 to engage the Public Trustee the fees for their legal services using the Official Solicitor started at an estimated $3,401.95* for a standard Grant Application (including Supreme Court Filing Fee and Grant Advertisement Fees) paid before the service starts. Fees are subject to increase if your Grant Application is not Standard i.e. any additional documents are required.* Prices Subject to Change.
Our Comparative Solution! Our flexibility allows us to offer our quality services at a lower price than the Public Trustee whilst keeping you in Control. Inheritance Solutions have a qualified team who are dedicated to obtaining Grants of Probate at an affordable price.
Generally one of the most expensive ways to obtain a Grant of Probate is to engage a commercial law firm instead of a dedicated Inheritance Law Firm (such as Inheritance Solutions). Certainly if you can afford it then seeking out a commercial law firm is another way you can obtain Probate. Our team leader, Nathan Basnett, worked as a Solicitor locally for prestigious law firms, however he was disappointed with the time-billing structures of such law firms. He now helps locals obtain better value through total fixed costs at Inheritance Solutions.
It is not uncommon for bills for Solicitor's fees to add up to more than $2,200 to obtain Grant of Probate through a commercial law firm (excluding Supreme Court Filing Fee and Grant Advertisement Fees), together with outlays totalling more than $3,000.
It is important to consider whether legal fees are fixed or time-based and whether your legal provider has extensive client-reviews to deliver on initial promises.
Your Inheritance Solution! Inheritance Solutions' qualified team can help you obtain better value through fixed costs when obtaining a Grant of Probate through us. Our price is significantly lower than the above average price because we do more dedicated estates work then other law firms, see reviews. Our price is listed on the above Fixed Fees Tab. Avoid excessive Solicitor's fees and contact us today!
The below disbursement fees are applicable to every Grant of Probate Application in Queensland as at 1 January 2019 (Updated Fee Legislation Introduced):
- Supreme Court Filing Fee - $706.70 (Government Concession Card Holders may be eligible for a Reduced Filing Fee - $128.90)
- Advertisement: 1 x Queensland Law Reporter – $161.70
Inheritance Solutions fixed fee for organising a Full Service Standard Probate Application, including preparing Probate Notices and representing Executors in the Supreme Court Registry, is $1,700 excluding the above listed disbursements. Our prices reflect total costs, taking into consideration GST. No hidden fees as we do not charge our clients to contact us. See reviews about our service.No need to be a local, call us via phone or start online.
Inheritance Solutions, original developer and a registered and insured provider of a fast, simple and convenient way to start organising the process of applying for a Grant of Probate in Queensland Online anytime and from anywhere in the World.