A Guide to Probate in QLD

When a Queensland resident dies, an application for Grant of Probate must be filed with the Supreme Court for a person to be permitted for the management and distribution of the deceased’s estate.

We’ve provided a complete guide explaining how to apply for Grant of Probate in Queensland outlining your responsibilities as an applicant.

Documents required to submit a Grant of Probate application in QLD

The following documents are required to file an application for Grant of Probate in QLD:

• Form 101 - Application for probate (Will)
• Original Will – plus two additional copies
• Affidavit in support – attach one of the copies of the Will
• Form 105 - Affidavit (probate application)
• The Original death certificate
• exhibit clause on Form 47 - Certificate of exhibit
• Form 104 - Affidavit of publication
• Form 103 - Notice of intention to apply for grant

Required Documents: Things to note

• The original Will and death certificate will not be returned.
• Additional forms or other information may need to be submitted to complete your application if requested by the Court.

The Process – Guidelines for Filing in Queensland

In QLD, as the Executor to the Will you are required to advertise an ‘Intention to apply’ in the Queensland Law Reporter (QLR).

Also, you’ll need to provide a copy of this notice to the Public Trustee which can be mailed, faxed, emailed or delivered in person.

Waiting Periods Before Filing

You need to wait 7 business days after the Public Trustee receives your ‘Intention to apply’ notice to file for Grant of Probate.

You’re also required to wait 14 days after the notice appears in the Queensland Law Reporter to file your application.

A Grant of Probate permits the nominated Executor to the Will to legally manage and distribute a deceased person’s estate as per their directions outlined in their Will.

An estate must not be accessed until a Grant of Probate application has been approved and issued by the Supreme Court to the original applicant (Executor to the Will).

How long do I have to file?

The Executor to the Will must file an application for a Grant of Probate within 6 months of the deceased’s date of death.

Exemptions only apply where a reasonable explanation for a delay can be provided.

How to Apply

Where possible, file your application at a Supreme Court registry closest to deceased’s place of residence. This will likely reduce your wait times for processing the application.

QLD registries are located in Rockhampton, Brisbane, Townsville and Cairns.

1. Obtain the forms outlined above from either

• The Supreme Court of QLD Registry in person, or
• The Queensland Courts website – www.courts.qld.gov.au/

2. Fill in the information required on the following forms:

• Form 101 - Application for probate (will)
• Affidavit in support
• Form 105 - Affidavit (probate application)
• exhibit clause on Form 47 - Certificate of exhibit
• Form 104 - Affidavit of publication

3. Prepare the Affidavit in support and ensure you have the following ready for filing:

• The original Will, and
• The original death certificate

Both the original Will and death certificate must be undamaged, unmarked and not show any evidence of being tampered with in any form to be accepted.

1. File your fully completed application with the Supreme Court of Queensland either in person or by mail.

How much does the application cost?

Fees associated with applying for a Grant of Probate in QLD include:

• An ‘Intention to apply’ advertising fee
• A filing fee to submit an application to the Supreme Court, and
• A fee to obtain the original death certificate

The filing fee will be based on the gross value of the estate. Further information regarding specific fees can be found at in our Guide to Probate Fees in QLD.

When can I expect a response or result regarding my application?

While Grant of Probate processing times in Queensland vary, you should expect to receive your Grant of Probate within 4-8 weeks of filing.

These processing timeframes are an approximate estimate and are indicative of the average waiting periods for applications in Queensland.

Requisitions from the Court

If there are any issues with your application, you’ll receive a written requisition from the Court explaining the problems and how to rectify them.

It’s important to follow the application and form directions carefully as incomplete or incorrectly filed submissions may cause delays and extend processing times.

Reach out to us today via our Contact page for all Will-related enquiries, our services or for further information regarding Grant of Probate applications and state-specific processes.

Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice.