Applying for Probate QLD

/Applying for Probate QLD
Applying for Probate QLD 2018-02-19T00:00:03+00:00

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.
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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

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