Applying for a grant

The process for getting a grant to administer an estate can be complicated. If you wish, you can engage a solicitor or the Public Trustee to apply for you.

There are five basic steps to apply for a grant of probate, grant of letters of administration of the will and grant of letters of administration on intestacy.

For more details, see Uniform Civil Procedure Rules 1999, Chapter 15, rules 596–643.

Note: All forms must be typed, not handwritten.

Step 1: Advertise your intention to apply

You need to advertise in the Queensland Law Reporter (QLR).

For more information, read the step by step guide on advertising available on the Incorporated Council of Law Reporting for the State of Queensland (ICLRQ) website or contact the ICLRQ on (07) 3236 1855 or at enquiries@queenslandreports.com.au.

The wording for the advertisement is outlined in Form 103 - Notice of intention to apply for grant (DOC, 26.0 KB).

Step 2: Give a copy of the notice to the Public Trustee

Post, fax, email or deliver the notice in person. Phone the Public Trustee on 1300 360 044 or visit their website for contact details.

Wait until seven days after the Public Trustee receives the notice to file your application. (For example, if they get your notice on Friday 13 March, don’t file before Monday 23 March.)

Step 3: Give people time to object

Wait for 14 clear days after your notice appears in the Queensland Law Reporter to enable people to object to your application.

You can file your application on the 15th day. If the registry is closed that day, file on the next day the registry is open. (For example, if the notice appears on Friday 13 March, you can’t file before 30 March).

Anyone claiming to have an interest in the estate can file a caveat (objection). If they have evidence, the court won’t make the grant of probate until the claim is resolved.

After a person files a caveat, examination of the estate stops until the caveat process is completed. The registrar sends a notice to the person lodging the caveat and the applicant.

If a Form 118 - Notice in support of caveat (DOC, 28.5 KB) is not filed before the deadline, the registry can re-examine the application. Alternatively, you can file a Form 119 - Notice of withdrawal of caveat (DOC, 26.5 KB).

In the unlikely event that you require a physical copy of the grant, you will need to liaise directly with your solicitor or firm for this, as the Registry will no longer issue grants for in-person collection or by post.

The grant will be emailed electronically only to the solicitor or firm representing you.

Step 4: Prepare the documents for your application

See the minimum documentation required to apply for a:

• grant of probate
• letters of administration (with a will)
• letters of administration (without a will)
• reseal of a grant of probate.

Your documents must comply with the requirements in the Uniform Civil Procedure Rules 1999.

Step 5: File at the Supreme Court of Queensland

A self-represented applicant can file an application and supporting documents at the Supreme Court either in person or by post. Legal firms also have the option to lodge applications online through the Queensland Courts and Tribunals Online Services Portal.

Supreme Court registries are located at Brisbane, Rockhampton, Townsville and Cairns.

There is a fee for filing the application with the Supreme Court. See Uniform Civil Procedure (Fees) Regulation 2019 under the ‘Administration of estate’ section in Schedule 1.

After you lodge

After you lodge the application, court staff examine the documents and, if everything is in order, issue the grant.

Self-represented applicants

Effective from 25 November 2024, all grants will be issued electronically. You will receive a notification via email once the grant has been processed and is available. Please ensure you provide a valid email address for this purpose.

If you do not have an email address, we will contact you by telephone to discuss alternative arrangements.

After this date, there will be no physical collection of grants from the Registry, nor will there be a postal delivery option. All grants will be provided electronically for your convenience.

Legally represented applicants

Where you apply for a grant and are legally represented, the solicitor or firm who is completing the process for you will receive the grant electronically if the application is lodged on or after 25 November 2024.

In the unlikely event that you require a physical copy of the grant, you will need to liaise directly with your solicitor or firm for this, as the Registry will no longer issue grants for in-person collection or by post.

The grant will be emailed electronically only to the solicitor or firm representing you.

Time frame

Once you file the application in the court, you will have a decision in approximately four to six weeks. If there are any problems and you are issued a notice of requisition, court staff will contact you, preferably by email or letter (if you don’t have an email address).

Cost

Your costs will include:

• advertising fees
• court filing fees
• the fee for obtaining the original death certificate from the Registry of Births, Deaths and Marriages

Your costs may also include:

• solicitor’s fees for document preparation and other legal work (if you have engaged a solicitor)
• postage
• the fees for obtaining any additional copies of the death certificate from the Registry of Births, Deaths and Marriages (for example, if you wanted to keep a copy). The original copy filed with the Court cannot be returned to you.