Application for probate (will) (Form 101)

A proceeding for a grant must be started by application, may only be started in a central registry of the Supreme Court, and need not be served (r 597, Uniform Civil Procedure Rules 1999 (Qld)). Form 101 is the approved application for probate, or for letters of administration with the will. Before filing, the applicant must give notice of intention to apply for the grant at least 14 days beforehand, and give a copy to the Public Trustee at least 7 days beforehand (r 598). The notice must be published in a publication approved by the Chief Justice by practice direction (r 599). The application is supported by an affidavit that identifies the last will, states the date of death and exhibits the will and the death certificate (r 602).

When you need it

• You are the executor named in the will and want a grant of probate.
• There is a will but no executor able or willing to act, and you want letters of administration with the will. You must show your priority under rule 603.
• The will has one or more codicils. The application covers the will and codicil together.
• Not for intestacy. Queensland Courts has a separate application for letters of administration on intestacy (Form 102).

1. 1

   Complete the heading

   Supreme Court of Queensland, the registry, and the proceeding number once allocated. Choose In the Will, In the Will and Codicil, or In the Estate of, and insert the deceased's name including any other names in which assets are held.

2. 2

   Give the deceased's addresses

   Insert the deceased's last address and, if different, the address shown in the will.

3. 3

   Address it to the right registry

   The application is addressed to the registrar of the Supreme Court at Brisbane, Rockhampton, Townsville or Cairns. Grants can only be applied for in a central registry (r 597(2)).

4. 4

   Name the applicants and the grant sought

   Insert the name and address of each applicant, then keep probate of the will (and codicil) or letters of administration with the will, and state the date of the will. State the capacity in which the grant is sought, for example executor or administrator.

5. 5

   Sign and date

   Each applicant signs and dates the application. Complete the back-sheet with the filer's name, address and contact details.

• At least 14 days before filing, give notice of intention to apply for the grant in the approved form (Form 103), including the deceased's name and aliases, last known address, the date of the will, the solicitor's details and each applicant's full name (rr 598-599). Supreme Court Practice Direction 9 of 2024 approves the Queensland Law Reporter as the publication for the notice (r 599(2)).
• At least 7 days before filing, give a copy of the notice to the Public Trustee, which may be done by post or fax (r 598(2)-(3)).
• File the application with the supporting affidavit. The affidavit exhibits a certified copy of the death certificate and a copy of the will and any codicil. The original will must also be filed, and an extra copy given to the registry (r 602).
• Practitioners and self-represented applicants can lodge wills and estate applications, including Form 101, through the Queensland Courts and Tribunals Online Services Portal at the Supreme Court at Brisbane, Rockhampton, Townsville and Cairns. The original will is still provided to the registry (Principal Registrar Approval 1 of 2025).
• A filing fee applies. Check the Supreme Court fee schedule. The application does not need to be served (r 597(3)).

• Include every name the deceased held assets in, so the grant matches the asset records.
• If the will has no attestation clause, or the clause does not show how it was made, you will need an affidavit from an attesting witness or someone else present about how the will was made (r 604).
• Explain any alterations or erasures in the will. The court will not include an alteration in the grant unless it is shown to have been there when the will was made, or was properly executed or validated later (r 605).
• The registrar can make the grant unless, for example, a caveat has been filed, two or more people claim priority, or the original will is not available. The registrar may also make inquiries and require answers by affidavit (rr 600-601).