We often feel sad and devastated when a loved one passes. While we are still processing the grief, there is one legal procedure that needs to be completed to honor the will of the deceased. Application for Grant of Probate must be done before the assets can be distributed as per the will left by the deceased.
However, going through a legal process is usually lasts on our minds when we are still troubled by the loss and going through an emotional phase. If an executor is listed in the will, it becomes his responsibility to apply for the grant and handle all the paperwork. However, if the executor is a family member who is not in the right mental and emotional state, you will need a solicitor to help you with the process.
You can reach out to Probate Australia to seek help from an expert lawyer in the processing of probate QLD applications. They provide a hassle-free service where you do not have to make frequent visits to a lawyer at a time when you are feeling overwhelmed with emotions and grief. Their service cost is very competent and transparent in all manners. Their experience in the state makes the process of probate application simple and a quick one.
Probate terminologies that you must know
If you do decide to apply for the grant by yourself, you must be aware of certain terms to understand the procedure and what the judgment of the court means. These terms are:
- Administrator: This is a person who the court appoints to administer the estate of the deceased when the executor is unwilling to act or when there is no will left by the deceased.
- Affinity: This person is related to the deceased by the relationship of marriage and is generally used to refer to the spouse.
- Consanguinity: These people are related to the deceased due to a shared bloodline.
- Caveat: When the grant of probate is not given by the court and the court file contains a warning, such a warning is called a caveat.
- Chattels: All the personal property held by the deceased comes under the deceased and it does not include any property or money used to run a business.
- Deceased estate: This includes personal as well as real estate property owned by the deceased and excludes joint properties.
- Deed of family agreement: This agreement states how the property has to be distributed among the family members.
- Executor: The person who was appointed by the deceased as stated in his/her will, who gets the rights to administer the property.
- Grant of probate: This is the certificate issued by the court that the will is valid and gives permission to the executor to go ahead and handle the administration of the estate.
- Statutory will: It is granted by the court in situations when a living person does not have enough testamentary capacity that is required to make a legally valid will.
Understanding these terms will make the procedure of probate application easier for you and will help you in understanding the grants given by the court. This knowledge will also help you in case any discrepancy arises during the entire process.
