Grant of probate
When applying for a grant of probate over the counter or by post, you should provide the documents listed below. Preparing your documents is step 4 in the 5 steps to apply for a grant.
All applications and affidavits must be typed, not handwritten.
Required documents
Provide:
- Form 101 Application for Probate (with a will)
- Original will or codicil (a codicil is a supplementary document executed in the same way as a will that explains, modifies, alters or confirms a will previously made). The original will or codicil is not to be attached to any other document or marked in any way. Never use staples, pins, paper clips or piercing clips.
- Form 105 Affidavit Supporting Probate Application
- Exhibits to be attached to Form 105 Affidavit Supporting Probate Application, include:
- one clear photocopy of the original last will or codicil
- a certified copy of the death certificate issued by the Registry of Births, Deaths and Marriages.
- Form 47 - Certificate of Exhibit
- Form 104 - Affidavit of Publication and Service
- Exhibits to be attached to Form 104 Affidavit of Publication and Service, include:
- Form 103 - Notice of intention to apply for grant
- Exhibit clause on Form 47 - Certificate of exhibit .
- One additional clear photocopy of the last will or codicil. The clear photocopy should not be stamped as a copy or contain a certification (by a solicitor, Justice of the Peace or Commissioner for Declarations) as a copy
- If there is any damage to the original will or codicil you will need to provide a Form 111 - Affidavit of plight
You may need to provide additional information in some cases by filing further affidavit material. If this is the case, the registry will advise you that additional documents are required when they receive your application.
Documents that cannot be returned to you
The certified copy of the death certificate, original will or codicil cannot be returned to you because they must stay on file at the Supreme Court of Queensland. If you require another death certificate you will need to purchase one from the Registry of Births, Deaths and Marriages.