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How to Apply for Grant of Probate - QLD - Updated April 2021

1

Step 1 - Advertise

queenslandsyou advertise your intent to apply

queenslandsthe advertisement needs to meet requirements

queenslandsin QLD, you only need to advertise in the QLD Law Reporter

2

Step 2 - Notify Trustee

queenslandsyou also need to notify the Public Trustee

queenslandsthat notice needs to meet requirements

3

Step 3 - Wait 14 days

queenslandsyou need to allow 14 days for people to object

queenslandstime starts the day your ad is published

queenslandsyou can file your application on the 15th day

4

Step 4 - File your application

queenslandspay the fee and file your application

queenslandsyou’ll need supporting documents and affidavits

queenslandsthe application needs to meet requirements

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5

Step 5 - Respond to requisitions

queenslandsthe court will review your application

queenslandscourt staff contact you for additional information

queenslandsthat request for information is called a Notice of Requisition

6

Step 6 - Receive Grant of Probate

queenslandsthe court will notify you when probate is granted

queenslandsit often takes about 6 to 8 weeks in total

queenslandsthe original will and death certificate won’t be returned to you, so make sure you keep certified copies

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How do you apply for grant of probate in QLD?

We're ready to help - we're a probate-only law firm, experts in probate applications.

However, if you're going to DIY - here's a general overview of the process.
Before you can actually make an application for probate, the law requires that you first make public, in a prescribed manner, your intent to apply for grant of probate.
To satisfy this requirement, you must advertise a notice of intent, and serve a copy of the notice of intent on the Public Trustee of Queensland. There are specific legal requirements for the content of the advertisement, as well as where it can be published.
After the statutory period has elapsed, you can prepare and file your application in the Supreme Court of Queensland.
Typically an application would include an affidavit of the executor, affidavit of publication, and the application itself annexing the original will and death certificates.
There is a prescribed form of application, and statutory requirements for both the affidavit of the executor and the affidavit of publication. Failure to meet the statutory requirements can result in a failed application for grant of probate, or lengthy delays.

Understanding the options

D.I.Y. vs Our Service

DIY
Total cost unknown Fixed
Supreme Court
Filing Fee
735.60* included
Law Reporter
Advertising Costs
161.70 included
Drafting of legally
required notices
? included
Preparing and filing
applicant affidavit
? included
Attending to filing at
the Supreme Court
? included
Drafting and preparing
court application
? included
Review of death
certificate and will
? included
Collecting original Grant of Probate from court ? included
Responding to
relevant questions
? included
Serve Notice of
Intent on Public
Trustee of QLD
? included

*Concession card holders can apply
for a reduced filing fee of $134.20