When a Queensland resident dies, an application for Grant of Probate must be filed with the Supreme Court for a person to be permitted for the management and distribution of the deceased’s estate.
We’ve provided a complete guide explaining how to apply for Grant of Probate in Queensland outlining your responsibilities as an applicant.
The following documents are required to file an application for Grant of Probate in QLD:
In QLD, as the Executor to the Will you are required to advertise an ‘Intention to apply’ in the Queensland Law Reporter (QLR).
Also, you’ll need to provide a copy of this notice to the Public Trustee which can be mailed, faxed, emailed or delivered in person. See www.pt.qld.gov.au/ _f_or contact information.
You need to wait 7 business days after the Public Trustee receives your ‘Intention to apply’ notice to file for Grant of Probate.
You’re also required to wait 14 days after the notice appears in the Queensland Law Reporter to file your application.
A Grant of Probate permits the nominated Executor to the Will to legally manage and distribute a deceased person’s estate as per their directions outlined in their Will.
An estate must not be accessed until a Grant of Probate application has been approved and issued by the Supreme Court to the original applicant (Executor to the Will).
The Executor to the Will must file an application for a Grant of Probate within 6 months of the deceased’s date of death.
Exemptions only apply where a reasonable explanation for a delay can be provided.
Where possible, file your application at a Supreme Court registry closest to deceased’s place of residence. This will likely reduce your wait times for processing the application.
QLD registries are located in Rockhampton, Brisbane, Townsville and Cairns.
1. Obtain the forms outlined above from either
2. Fill in the information required on the following forms:
3. Prepare the Affidavit in support and ensure you have the following ready for filing:
Both the original Will and death certificate must be undamaged, unmarked and not show any evidence of being tampered with in any form to be accepted.
Fees associated with applying for a Grant of Probate in QLD include:
The filing fee will be based on the gross value of the estate. Further information regarding specific fees can be found at legislation.qld.gov.au – Administration of estate – Schedule 1
While Grant of Probate processing times in Queensland vary, you should expect to receive your Grant of Probate within 4-8 weeks of filing.
These processing timeframes are an approximate estimate and are indicative of the average waiting periods for applications in Queensland.
If there are any issues with your application, you’ll receive a written requisition from the Court explaining the problems and how to rectify them.
It’s important to follow the application and form directions carefully as incomplete or incorrectly filed submissions may cause delays and extend processing times.
Reach out to us today via our Contact page for all Will-related enquiries, our services or for further information regarding Grant of Probate applications and state-specific processes.
Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice