Steps to follow
There are five basic steps for a grant of probate.
To gain a better understanding of how to apply for a grant of Probate, Letters of Administration, Letters of Administration with the will, (Estate Administration Grants) you should view the relevant section of the Uniform Civil Procedure Rules 1999 (UCPR). You do NOT have to print the Rules out. Commencing at Chapter 15, rules 596-643 set out what your application and accompanying documents must include and how the court will decide if your application can be granted and a grant of administration issued.
A succinct guide of the individual forms to be used for a Probate Application are located on the Minimum requirements page.
The forms will give you the wording for the documents you have to prepare.
- Advertise your intention to apply for a grant of probate.
Place an advertisement in the Public Notices section of a:
- Newspaper circulating throughout the state
- A newspaper approved for the area of the deceased’s last known residential 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 - Rule 599(3) Uniform Civil Procedure Rules - Approval or newspapers for publication of notices
31/2014 - Rule 599(3) Uniform Civil Procedure Rules - Approval of newspapers for publication of notices
4/2015 - Rule 599(3) Uniform Civil Procedure Rules – Approval of newspapers for publication of notices
- The Queensland Law Reporter. You can contact The Incorporated Council of Law Reporting on telephone 07 3236 1855 or firstname.lastname@example.org
The wording to use in the advertisement 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. Telephone (07) 3213 9288 or visit the Public Trustee website www.pt.qld.gov.au for contact details.
Wait for 7 clear days after service on the public trustee before filing your application, for example if you serve the public trustee on Friday 13 March you cannot file your application before Monday 23 March.
Wait for 14 clear days after the notice appears in the newspaper and Queensland Law Reporter to allow interested persons the opportunity to object to your application. You can file your application on the 15th day. If that day is on a day when the registry is closed you can file your application on the next day the registry is open. For example if the notice appears in the relevant publications on Friday 13 March the application cannot be filed before 30 March.
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.
If you do not have a solicitor acting on your behalf, 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. The fee to be paid for filing the application can be found under the Uniform Civil Procedure (Fees) Regulation 2009 under the “Administration of estate section” schedule.
You will also need:
- 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.
- original death certificate (certified by the registrar-general). A copy certified by a JP will not be accepted.
- Note the original death certificate, original will and codicil * are filed documents and are retained by the registry. They will not be returned upon completion.
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.
* Codicil - A supplementary document executed in the same way as a will that explains, modifies, alters or confirms a will previously made.