probate

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Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will.
The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court decides the legal validity of a testator's (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. However, through the probate process, a will may be contested.

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  1. sophiar

    NSW Rent free while waiting on probate

    Hey, just needing advice I am the executor of my late partners will. He left a half share of his house to me and a half share to his child. Since his death I haven't been able to stay at the house as its a bit overwhelming for me. The house is also a bit of a construction site as we were still...
  2. H

    SA Time limit for filing probate in SA

    Is there a time limit for filing an application for probate in SA?
  3. G

    Banks requesting probate

    When a bank withholds funds in a plain and simple bank account, and requests a probate, what authority allows them to do this? Is it law, or part of their terms and conditions? I have a customer (I work in a migrant welfare agency) who is an only child and sole heir to her late father. There are...
  4. M

    QLD Cascading wills going nowhere

    Good morning, an elderly widow with a home in her name (paid off) but no cash and in rates arrears passed away early 2021. Council had been threatening to sell the house to recover unpaid rates so my husband (who is a cousin) began making periodical payments to Council towards the rates...
  5. T

    Assistance completing Forms when Applying for Probate in QLD

    What goes in the Registry & Number fields at top right of each of the forms? Form 47 - Certificate of Exhibit Form 101 - Application for probate (will) Form 104 - Affidavit of publication and service Form 105 - Affidavit (probate application) I assume the Number should match the respective...
  6. C

    Paying out lease car contract-during probate

    Hi This is in QLD. Probate is still 3 weeks away from being granted on an estate. Estate includes a leased car, the contract expired 7 July. There is a residual due. Lawyers handling estate unsure of if we can sell it prior to probate being finalised. They still have not advised final payout...
  7. DaniDee

    QLD 'Pre-Grant' Probate- Named Executor responsibilities??

    Whilst a probate application is being contested and no executor/administrator has been court appointed.... is there any fiduciary & legal responsibilities of the named executor to the estate & beneficiaries
  8. P

    NSW Estate distributed without probate. Bank accounts empty

    Hello. My father's estate has been distributed after a 6 month period. To my surprise all that was left was the RAD paid to his nursing home. This was paid into a solicitors trust fund without probate listed under search. His bank accounts were left in debt for a small sum $7k. I expected...
  9. D

    NSW Probate costs

    How much does probate cost. Does regulation schedule of cost 2015 include professionalnal fees and administration fees. Can a section break up probate into 3 stages and charge for each stage. Are fees regulated. Estate is approx. $970K. 1st Executor has passed away with 2 of the 3 children...
  10. T

    QLD 2 Executors and Form 105 "Affidavit Supporting Probate Application"

    My sister and I are executors of our brother's estate, She lives in Sydney, I in Qld. Do we both have to be deponents to Form 105? If so, is it ok for one to sign and JP to witness in Qld and send form to Sydney for my sister to sign and have a different JP in Sydney to witness and then Lodge...
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