Affidavit of publication and service (Form 104)

Before applying for probate or letters of administration, the applicant must give notice of intention to apply for the grant in the approved form (Form 103) at least 14 days before filing, and give a copy of the notice to the Public Trustee at least 7 days before filing (r 598, Uniform Civil Procedure Rules 1999 (Qld)). The notice must be published in a publication approved by the Chief Justice (r 599(2)), and Supreme Court Practice Direction 9 of 2024 approves the Queensland Law Reporter. Form 104 is the affidavit that proves both steps: the deponent exhibits the notice as published, states the date it appeared, and states when and how a copy was served on the Public Trustee. Queensland Courts lists Form 104, with the Form 103 notice attached as an exhibit, among the required documents for every type of grant. The current Word version is Version 5, approved on 12 May 2025.

When you need it

• You are applying for probate or letters of administration with the will (Form 101), or for letters of administration on intestacy (Form 102), in the Supreme Court of Queensland.
• Your Form 103 notice has appeared in the Queensland Law Reporter and you have sent a copy to the Public Trustee.
• The registry has raised a requisition about the notice, for example because a known alias was left out, the date of the will in the notice was wrong, or the notice was not served on the Public Trustee. The court's troubleshooting guide says to re-advertise or re-serve as needed and file a fresh Form 104.

1. 1

   Complete the heading

   Insert the registry, and the proceeding number once allocated. Choose In the Will, In the Will and Codicil, or In the Estate of, then insert the deceased's name including any aliases in which assets are held, the deceased's last address and, if different, the address in the will. Use the same names and addresses as the notice and the application.

2. 2

   Identify the deponent

   Insert the full name and residential or business address of the person making the affidavit, and keep either 'states on oath' (sworn) or 'solemnly and sincerely affirms and declares' (affirmed).

3. 3

   Prove publication

   In paragraph 1, insert the exhibit number for a copy of the notice as published and the date it appeared in the Queensland Law Reporter. Mark the exhibit with a Form 47 certificate of exhibit.

4. 4

   Prove service on the Public Trustee

   In paragraph 2, insert the date you served a copy of the notice on the Public Trustee, the exhibit number, and keep the method you used: posting, faxing or delivering.

5. 5

   Sign and complete the jurat

   The deponent and the witness sign every page except the last at the foot, then complete the jurat with the place where the deponent was located. Tick the boxes if the affidavit was made or signed electronically or witnessed by audio visual link under part 6A of the Oaths Act 1867. The witness states their name, type of witness and contact detail, and a special witness ticks the rule 433 boxes if they apply.

6. 6

   Finish the back-sheet

   The back-sheet is headed 'Filed on behalf of the Executors'. Change this to the applicants if you are applying for letters of administration, and add the filer's name, address and contact details. Delete the form's footnotes once complete.

• File Form 104 with the application (Form 101 or Form 102) and the supporting affidavit (Form 105, 106 or 109) in a central registry of the Supreme Court at Brisbane, Rockhampton, Townsville or Cairns. A grant proceeding may only be started in a central registry (r 597(2)).
• Do not file before the time limits have run: at least 14 days after the notice is given and at least 7 days after the Public Trustee received its copy (r 598). Queensland Courts says that if the registry is closed on the 15th day, file on the next business day.
• Legal firms lodge through the Queensland Courts and Tribunals Online Services Portal, and Form 104 and its exhibits are listed in the Principal Registrar's electronic filing approval. Self-represented applicants file in person or by post. Queensland Courts says all forms must be completed electronically, not handwritten.
• The grant application need not be served (r 597(3)). A filing fee applies to the application. Check the 'Administration of estate' items in the current Supreme Court fee schedule.

• Use the deceased's full name and every known alias consistently across the notice, the application and each affidavit. A missing alias means re-advertising, re-serving the Public Trustee and filing a fresh Form 104.
• Keep proof of the date the Public Trustee received the notice. Queensland Courts counts the 7 days from receipt and gives worked examples on its Apply for a grant page.
• Put each certificate of exhibit on a separate sheet in front of the exhibit, not on the notice or any original will.