Applying for a Probate in South Brisbane

When someone dies, their money, property, and belongings (called their “Estate”) need to be sorted out. If they left a Will, the person they chose (called the “Executor”) may need permission from the Supreme Court of Queensland to handle the estate. This permission is called Probate.
If there’s no Will, or no one named in the Will to manage things, a family member or someone close can apply for permission instead. This is called Letters of Administration.

Do I Need Probate?

You might need Probate if the person owned property, had a lot of money in the bank, or had other big assets just in their name.

But sometimes, Probate isn’t needed—for example:

If they owned everything jointly with their spouse (like the family home),
Or if the bank agrees to release money without it (usually for small amounts).

Who Can Apply?

If there’s a Will, only the person named as Executor can apply.
If there’s no Will, a close family member (like a spouse or child) can apply.

What Does the Process Involve?

Find the Will and death certificate.
Tell people you’re applying – you must advertise it in a legal notice.
Fill in the court forms – including an Affidavit.
Lodge the application with the Supreme Court and pay a fee.
Wait for approval – usually takes about 4 to 8 weeks if there are no problems.

What Can Go Wrong?

Sometimes, someone might challenge the Will. For example, they might say:

The person was pressured or not thinking clearly when making the Will,
There’s a newer Will,
The person applying isn’t suitable.

If that happens, the court will stop the process until the issue is sorted out.

How Long Does It All Take?

Gathering documents and publishing the notice: 3–4 weeks.
Getting Probate from the court: 5–8 weeks (longer if there’s a dispute).

In Short

Probate is a legal step that helps sort out a person’s Estate after they die. If you’re unsure or feeling overwhelmed, Arshad Lawyers can help guide you through this difficult process to obtain a Probate from the Supreme Court.