Application for letters of administration (intestacy) (Form 102)

A proceeding for a grant must be started by application, only in a central registry of the Supreme Court, and need not be served (r 597, Uniform Civil Procedure Rules 1999 (Qld)). Form 102 is the approved application for letters of administration on intestacy. Before filing, the applicant gives notice of intention to apply (Form 103) at least 14 days beforehand, published in the Queensland Law Reporter, and a copy to the Public Trustee at least 7 days beforehand (rr 598-599). The supporting affidavit must state the date of death, the applicant's relationship to the deceased, the grounds on which the applicant is entitled to the grant in priority to anyone else, and, so far as known, who has a beneficial interest in the estate under sections 35 to 37 of the Succession Act 1981, and must exhibit a certified copy of the death certificate (r 609). Priority follows rule 610: surviving spouse, then children, grandchildren or great-grandchildren, parents, brothers and sisters, children of deceased brothers and sisters, grandparents, uncles and aunts, first cousins, then anyone else the court appoints.

When you need it

• The deceased left no will and a grant is needed to deal with their assets.
• You are the person with the highest priority under rule 610, or everyone higher than you has died, lacks capacity or has renounced (Queensland Courts publishes Form 115 Renunciation (intestacy)).
• Not where there is a will, even if no executor can act. Use Form 101 for probate or letters of administration with the will.

1. 1

   Complete the heading

   Insert the registry, and the number once allocated. Under 'In the Estate of', insert the deceased's name including any aliases in which assets are held, and the deceased's last address.

2. 2

   Address the registrar

   Keep the registry you are filing in: Brisbane, Rockhampton, Townsville or Cairns.

3. 3

   Name the applicants

   Insert the name and address of each applicant. The form then states that the applicants apply for letters of administration of the estate of the deceased, who died intestate, and that they are the persons with a right to apply.

4. 4

   Sign and date

   Each applicant signs and dates the application. Complete the back-sheet with the name, address and contact details of the person filing it.

5. 5

   Prepare the supporting documents

   Queensland Courts lists Form 109 (affidavit supporting letters of administration on intestacy) with a certified copy of the death certificate exhibited, and Form 104 (affidavit of publication and service) with the Form 103 notice exhibited, each exhibit marked with a Form 47 certificate. Evidence that anyone higher in priority has died, lacks capacity or has renounced must be an exhibit to the application (r 610(5)-(6)).

• Self-represented applicants file in person or by post at the Supreme Court registry in Brisbane, Cairns, Rockhampton or Townsville. Legal firms lodge through the Queensland Courts and Tribunals Online Services Portal, and Form 102 is listed in the Principal Registrar's electronic filing approval.
• Timing: file at least 14 days after the notice is published and at least 7 days after the Public Trustee received its copy (r 598). The court must not make a grant on intestacy within 30 days after the death unless urgent circumstances justify it (r 612).
• The application need not be served (r 597(3)). A filing fee applies. Queensland Courts points to the 'Administration of estate' items in Schedule 1 of the Uniform Civil Procedure (Fees) Regulation 2019, set out on the Supreme Court fees page.
• Court staff review the documents. If something is missing the registry sends a requisition; if everything is in order the grant is emailed to you.

• Queensland Courts says all forms must be completed electronically, not handwritten.
• You need not prove priority over people equal to or below you, but the existence or non-existence of any spouse, or anyone claiming to be a spouse, and their beneficial interest must always be sworn (r 610(7)).
• The registrar cannot make the grant if a caveat has been filed or two or more people claim priority (r 601).
• The certified death certificate stays on the court file. Buy any extra certified copies you need from the Registry of Births, Deaths and Marriages.