Applying for Probate QLD
All standard applications for a grant of probate require the same basic six documents. Additional documents may be required to satisfy the court as to other issues.
The basic documents are:
- Form 103 — Notice of intention to apply for a grant;
- Form 104 — Affidavit of publication and service;
- Form 101 — Application for probate (will);
- Form 105 — Affidavit supporting probate application (version 4);
- the original will and any codicil(s); and
- death certificate.
Notice of intention to apply for a grant
This notice must be published in a newspaper at least 14 days prior to filing the application with the court. The notice must include the following matters:
- the name of the deceased and any alias;
- the deceased’s last address;
- the date of the will and codicil(s);
- the full name of each executor; and
- the contact details of the solicitor.
If the deceased’s last known address is more than 150km from Brisbane, the notice must be published in a local newspaper circulating and sold at least once each week in the area of the deceased’s last known address.
Otherwise, the notice must be published in a newspaper circulating throughout the state or a newspaper approved for the area of the deceased’s last known address by the Chief Justice under a practice direction. These approved publications include:
The Gold Coast Bulletin (by practice direction No. 25 of 1999);
The Toowoomba Chronicle (by practice direction No. 25 of 1999);
The Sunshine Coast Daily (by practice direction No. 25 of 1999); and
The Queensland Times (by practice direction No. 32 of 1999).
The following documents must be filed with the court:
- application for probate;
- original will (and codicil(s));
- affidavit supporting application for probate;
- exhibits to the affidavit supporting application for probate, including:
- copy of the original death certificate (plus translation if death occurred in a country where English is not the first language);
- original will (and codicil(s));
- any other exhibits referred to in the affidavit of executor affidavit;
- affidavit of publication and service including exhibit of notice of intention to apply for a grant;
- any other affidavits as required in the client’s particular circumstances; and
- bank/trust cheque in payment of the probate application filing fee.
Our Legal Services
Probate QLD handle every type of deceased estate matter. If you require a legal service that is not listed you should contact us for help.
T: 1300 811 482