Following a person’s death in QLD, either a Grant of Probate or Letters of Administration application must be lodged for a person to be legally appointed the responsibility to:
- Access finances, assets and belongings
- Distribute the estate as intended, and
- Carry out any requests and wishes outlined in the Will.
Our guide will explain and instruct you on how to:
- Successfully submit a Grant of Probate Application, and
- Apply for Letters of Administration where required
Minimum Documents required – QLD Probate Application
A number of documents are required to submit a Grant of Probate application in Queensland. Additional documents other than those stated below may also be requested by The Supreme Court before a grant is finalised.
You’ll need to obtain the following documents:
- Form 101 - Application for probate (will)
- Original Will – plus 2 x copies
- Affidavit in support
- Form 105 - Affidavit
- The Original Death Certificate
- exhibit clause on Form 47 - Certificate of exhibit
- Form 104 - Affidavit of publication
- Form 103 - Notice of intention to apply for grant
Filing for a Grant in QLD – Processes for Probate & Letters of Administration
Probate Application
A Grant of Probate application must be filed when a person dies leaving a Will including a nominated Executor. Required documentation is submitted to the Registry following an assessment and decision made by The Supreme Court of QLD.
You’ll need to wait to be granted Probate before you’re allowed to distribute the deceased’s estate.
Who can apply for a Grant of Probate in QLD?
Grant of Probate applications are to be lodged by the Executor(s) to the Will only.
Letters of Administration Application
A person may need to apply for Letters of Administration in QLD following a person’s death where either the person died:
- Without leaving a Will at all, or
- Leaving a Will without nominating an Executor, or
- An Executor was named but has since deceased or no longer has the capacity to take on the role of Executor.
Who can apply for Letters of Administration in QLD?
A Letters of Administration application can be lodged by one or multiple people when a mentioning of an Executor to distribute an estate is non-existent. While anyone can apply, the most suitable applicants are generally:
- A spouse
- Children
- Siblings, or
- Another close relative or family friend
The Supreme Court of QLD will determine a ‘suitable person’ to distribute the estate based on the circumstances involved with the application.
Important Things to Note – QLD Applications
The Executor to the Will must submit a ‘Notice of Intended Application’ to the QLD Law Reporter and wait at least 14 days prior to applying for a Grant.
A copy of the Notice must also be delivered to the Public Trustee – You need to wait a minimum of 7 days from when the Public Trustee receives the notice before an application for Probate or Letters of Administration can be lodged.
Processing times are approximate and are subject to a number of circumstantial factors.
How long should I wait to file a Grant of Probate or Letters of Administration in QLD?
You should apply for either a Probate or Letters of Administration grant as soon as possible. The Supreme Court of QLD requires you to file your application within 6 months of a resident’s death.You may be exempt from this time frame if a genuine and eligible reason can be provided for a delay.
How do I file for Probate in QLD?
1. Obtain all documents required from:The Supreme Court of QLD Registry website.
Use the following documents to provide all information required by The Court of QLD:
- Form 101 - Application for probate (Will)
- Affidavit in support
- Form 105 - Affidavit
- exhibit clause on Form 47 - Certificate of exhibit
- Form 104 - Affidavit of publication
- Form 103 - Notice of intention to apply for grant
2. Attach the Affidavit in support and annex the:
- Death Certificate
- Original Will
3. You’re ready for filing! Submit your application to the Probate Registry and await a response, requisition request or a final decision on your Grant.
How do I file for Letters of Administration in QLD?
As the deceased’s closest next of kin you’ll need to prepare the following documents for Letters of Administration (with Will):
- Form 101 - Application for probate (Will)
- Form 106 – Letters of admin. With will
- exhibit clause on Form 47 - Certificate of exhibit
- Form 104 - Affidavit of publication
- Form 103 - Notice of intention to apply for grant
Without a Will (intestacy), you’ll need:
- Form 102 - Application for letters (intestacy)
- Form 109 - Affidavit (letters of admin. on intestacy)
Attach the Affidavit of Executor and annex the:
- Death Certificate
- Original Will
You’re ready for filing! Submit your application to the Probate Registry and await a response, requisition request or a final decision on your Letters of Administration grant.
Answering Requisition Requests
Oftentimes issues arise regarding Probate and Letters of Administration grant applications. These problems need to be rectified through means of answering a requisition and are commonly due to:
- Errors made on forms
- Discrepancies relating to details, or
- Failing to supply the correct/sufficient documentation
What happens if there’s issues with my application?
The Court will notify you and request a requisition to amend any issues, clarify or confirm details, provide further documentation or for a number of other reasons until the application is satisfactory.
As requisition requests generally delay processing times, its crucial to ensure initial applications are correctly filed.
What does it cost to file for a Grant of Probate or Letters of Administration in QLD?
You may be required to pay several fees when applying for a Probate or Letters of Administration grant in QLD including:
Probate & Letters of Administration Fees
- A fixed fee for publishing your ‘Notice of Intended Application’ in the QLD Law Reporter - $161.70
- A one-off fixed filing fee to the Supreme Court - $735.60
When will I have a decision regarding my Grant of Probate or Letters of Administration in QLD?
Probate and Letters of Administration applications vary and depend on personal circumstances, special considerations and a range of other complexities involved with a person’s death.
Waiting periods for Grants in QLD are generally between 4-8 weeks from the date The Court receives the application.
Answering Requisition Requests
Oftentimes issues arise regarding Probate and Letters of Administration grant applications. These problems need to be rectified through means of answering a requisition and are commonly due to:
- Errors made on forms
- Discrepancies relating to details, or
- Failing to supply the correct/sufficient documentation
What happens if there are issues with my application?
The Court will notify you and request a requisition to amend any issues, clarify or confirm details, provide further documentation or for a number of other reasons until the application is satisfactory.
As requisition requests generally delay processing times, its crucial to ensure initial applications are correctly filed.
Contact Mint Legal for assistance in probate or Letters of Administration application now!
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.
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