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Steps to follow

There are six basic steps for a grant of probate.

  1. Obtain a copy of the Supreme Court’s Uniform Civil Procedure Rules 1999 (UCPR) and forms

    You may be able to borrow a copy from your local library or purchase it from SDS Publications by phoning (07) 3883 8700 or visit www.bookshop.qld.gov.au.

    The forms will give you the wording for the documents you have to prepare.

    Most of the forms you are likely to use will be numbered between 100 and 126 (see Forms).

  2. Advertise your intention to apply for a grant of probate

    Place an advertisement in the Public Notices section of a:

        1. newspaper circulating throughout the state

          or
        2. newspaper approved for the area of the deceased’s last known address. Refer to Supreme Court Practice Directions:

          2/2014 - Rule 599(3) Uniform Civil Procedure Rules - Approval of newspapers for publication of notices
          14/2014 - Rule 599(3) Uniform Civil Procedure Rules - Approval of newspapers for publication of notices
          18/2014 - Approval for newspapers for publication of notices
          31/2014 - Rule 599(3) Uniform Civil Procedure Rules - Approval of newspapers for publication of notices 

          and
        3. the Queensland Law Reporter. The contact telephone number for the Queensland Law Reporter is 07 3236 1855.

      The wording to use in the advertisement is shown in Form 103 - Notice of intention to apply for grant (UCPR).

  3. Give a copy of the advertisement to the Public Trustee

    You can post, fax or deliver the notice in person. Phone (07) 3213 9288 or visit the Public Trustee website www.pt.qld.gov.au for contact details.
  4. Wait for two weeks after the advertisement appears to give others time to object

    Anyone claiming to have an interest in the estate can file a caveat (objection). If this is supported by further evidence, it will stop the grant of probate being made until the claim is resolved.

  5. Prepare the documents for your application

    You will have to prepare the documents yourself. Follow the requirements set out in the Uniform Civil Procedure Rules 1999 and use the appropriate forms where applicable.

    You will also need:

    • the original will (never pin or attach anything to a will) - plus two clear photocopies of the original will. One of the copies will be an exhibit in your Affidavit.
    • the original death certificate (certified by the registrar-general). A copy certified by a JP will not be accepted. 
    • a photocopy of the completed Form 103 - Notice of intention to apply for grant (UCPR).
    • Note: The original death certificate and original will and codicils will be retained by the registry and not returned upon finalisation.

  6. File your application and supporting documents at the Supreme Court

    Supreme Court registries are located in Brisbane, Rockhampton, Townsville or Cairns. If possible, you should file the documents in the court nearest to where the deceased lived, as this will reduce processing time.


Last reviewed
9 January 2015
Last updated
14 January 2015

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