Steps to follow
There are six basic steps for a grant of probate.
- 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).
- Advertise your intention to apply for a grant of probate
Place an advertisement in the Public Notices section of the daily paper in the area where the deceased last lived, and in the Queensland Law Reporter [Phone (07) 3236 1855]. The wording to use is shown in Form 103 - Notice of intention to apply for grant (UCPR).
- 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.
- 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.
- 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)
- 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).
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Note: The original death certificate will be retained by the registry.
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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.