A Grant of Probate is a legal document issued by a court that confirms the validity of a Will and gives the executor(s) named in the Will the legal authority to manage the deceased person’s estate.
Why You Need a Probate Lawyer
Understanding the Rules
Probate laws can be hard to understand. A probate lawyer knows these rules well and can help you follow them correctly.
Helping with the Will
If you need to take care of someone's will, a probate lawyer can guide you on what to do, like filling out forms and sharing the person's stuff.
Solving Arguments
Sometimes, people disagree about the will. A probate lawyer can help sort out these fights and speak for you in court if needed.
Dealing with Debts and Taxes
Paying off the person's debts and taxes is important. A probate lawyer makes sure you do this right to avoid problems.
Looking After Your Rights
Whether you're in charge of the will or getting something from it, a probate lawyer protects your rights and makes sure everything is fair.
Wills and Estates
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Contact us today for expert guidance and representation tailored to your needs.
Walker Pender's Probate Lawyer Services: Making Hard Times Easier for You
Dealing with a will and estate after losing someone can be hard and confusing. At Walker Pender, our probate lawyers are here to help make things easier. We handle all the paperwork, explain everything in simple words, and make sure everything is done right and fairly. You don’t need to worry about the tricky parts – we take care of that for you. Our goal is to help you through this tough time with understanding and support, ensuring you feel comfortable and guided every step of the way.
Probate Services Offered
- Grant of Probate: Essential in legitimising an executor’s role, Walker Pender streamlines the process of gaining the official stamp of approval. This is paramount in ensuring estate assets are administered as the departed intended.
- Probate and Will Disputes: When disagreements shadow a will’s execution, our team is adept at clearing the clouds. Combining keen legal insight with compassionate understanding, we ensure conflicts are resolved while preserving the sanctity of relationships.
- Probate and Succession Planning: Forecasting an estate’s future is an art and a science. We intricately weave legal foresight with your aspirations, sculpting strategies that withstand time and legal scrutiny.
- Probate Application: The meticulous world of probate applications can be a maze. Under Walker Pender’s guidance, every corner is turned precisely, ensuring swift and accurate recognition and a smooth estate transition.
- Reseal of Probate: For assets stretching across borders, resealing becomes pivotal. Our seasoned lawyers ensure that probate grants from different jurisdictions seamlessly align, enabling smooth asset distribution.
How can we help you?
Multi-Discipline Law Firm
Walker Pender caters to a full range of legal needs. Our lawyers are specialists in their specific practice areas, meaning we are able to guide you through multiple aspects of your legal journey.
Lawyers That Have Time For You
You want an answer, and you want an answer now. Walker Pender is committed to delivering our services within short timeframes that fit the needs of our clients.
Cost-Efficient Service
You want a job done efficiently and within budget. We offer our clients a range of pricing options to suit their needs and provide transparency around legal costs.
Supporting Local
We are proud of our long-standing ties to the community and support many local events and causes through sponsorship and pro bono legal services. By supporting us, you are supporting your local community.
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FAQs
A probate lawyer assists individuals in obtaining a grant of probate, which is the legal recognition of a will. They guide executors through managing and distributing a deceased person’s estate according to the will and relevant laws.
The duration of the probate process can vary based on the complexity of the estate and whether there are any disputes. After applying to the Supreme Court, it may take several weeks to several months for the grant to be issued, provided there are no complications.
Not all wills require probate. Probate is typically necessary when the deceased owned real estate in their name only or had significant assets. Smaller estates without real estate may be administered without the need for a formal grant of probate. Still, it’s always advisable to consult a probate lawyer to understand the specific requirements.
Yes, foreign wills can be recognised, but they may require a reseal of probate from a local court. This process acknowledges the validity of a foreign grant of probate or letters of administration, allowing the executor to deal with assets within the jurisdiction.
It is generally expected that an executor will start the probate application process within 3 months of the date of death. A Grant of Probate can be obtained in around six weeks from the time you submit your application and provide us with necessary documents. The administration of the estate should then be completed within 12 months.
The costs associated with obtaining probate through a solicitor generally include a combination of court filing fees, advertising fees, and the solicitor’s professional fees.
- Supreme Court Filing Fee: This is a set fee charged by the Supreme Court of Queensland for processing the probate application. As of the 2023/2024 financial year, this fee is $793.00.
- Advertising Fee: There’s an obligatory fee for publishing a notice of the probate application in the Queensland Law Reporter, which as of the latest update, costs $161.70.
- Solicitor’s Fees: These can vary significantly depending on the complexity of the estate and the services provided by the solicitor. Some firms offer fixed-fee services, while others may charge based on the time they spend on your case. For example, one firm offers a fixed fee of $2,444.70, which includes $1,490 for legal fees plus the court filing and advertising fees.
These costs are just part of the process, and additional charges may apply depending on the specific requirements of your probate application, such as fees for additional court documents or complex estate situations.
It’s advisable to discuss all potential costs with your solicitor upfront to understand the full scope of expenses involved in obtaining probate for an estate in Queensland.