5. File at the Supreme Court of Queensland
You can file your application and supporting documents with the court as follows:
Legal firms: Lodge applications via the Queensland Courts and Tribunals Online Services Portal.
Self-represented applicants: File in person or by post at the Supreme Court registry in Brisbane, Cairns, Rockhampton, or Townsville.
Applications filed in person or by post will be digitised. This will result in longer processing times before an electronic grant is issued.
Filing fee
A fee applies. See the ‘Administration of estate’ section in Schedule 1 of the Uniform Civil Procedure (Fees) Regulation 2019.
6. Wait for the court’s decision
Court staff will review your documents. If everything is in order, the grant will be issued:
Legal firms: The grant will be emailed to you. If your client needs a physical copy, they’ll need to arrange that directly with you.
Self-represented applicants: The grant will be emailed to you. Ensure your email address is valid.
If your application is non-compliant
If your application is non-compliant with legislation, the court will notify you of the reasons. This is typically referred to as a requisition.
Common issues include incomplete documents or ineligibility. You may have to:
- submit additional documents or information by a certain deadline, as requested by the court
- seek legal advice to address the issue.
If someone objects to your application
If someone files an objection (caveat) to your application, the court will not issue the grant until the issue is resolved. This is what happens:
Caveat filed
The court stops reviewing your application.
Notification
The registrar will inform both the person lodging the caveat and you (the applicant) with a Notice to caveator.
Next steps
Fees and other expenses
Your application costs will include:
- advertising fees
- court filing fees
- the fee for obtaining the original death certificate from the Registry of Births, Deaths and Marriages.
You may also need to pay for:
- solicitor’s fees (if you hire one)
- postage.
Documents that cannot be returned
The following documents cannot be returned to you as they must stay on file at the Supreme Court of Queensland:
- certified copy of the death certificate
- original will and/or codicil.
If you need extra certified copies of the death certificate, you must purchase them from the Registry of Births, Deaths and Marriages.
Resealing an interstate or overseas grant
If a grant of probate or letters of administration was issued in another state or country, and the deceased owned assets in Queensland, you may need to apply to have the grant ‘resealed’.
The process for resealing a grant is different from applying for a new grant.
Find out how to apply to reseal a grant of administration.