Legal Project Management Plan & Checklist
Queensland probate steps for an executor: notice of intention, Supreme Court application, grant, transmission of land and distribution of the estate.
How do you apply for probate in Queensland?: A grant is sought by an application filed in a central registry of the Supreme Court, and the application need not be served (Uniform Civil Procedure Rules 1999 (Qld) r 597). At least 14 days before filing, the applicant must publish a notice of intention to apply in the approved form in a publication approved by the Chief Justice, and at least 7 days before filing must give a copy to the Public Trustee (rr 598 and 599). The supporting affidavit identifies the last will and the executor and exhibits the will and a certified copy of the death certificate (r 602).
When can the registrar not issue a grant of probate?: The registrar may make a grant unless a caveat has been filed, 2 or more people claim priority to letters of administration, the original will is not available, or a practice direction requires otherwise, and may refer any application to the court (UCPR r 601).
Letters of administration on intestacy in Queensland: who has priority, the Form 102 application and Form 109 affidavit, and the 30-day rule.
Responding to a Queensland probate registry requisition: identify each defect, prepare supplementary affidavits and refile so the grant can issue.
Applying for probate in Queensland where there is a valid will: notice of intention, the probate application and executor's affidavit, and the grant.
How long should an executor wait before distributing a Queensland estate?: A family provision application must be started within 9 months after the death unless the court directs otherwise (Succession Act 1981 (Qld) s 41(8)). An executor who properly distributes not earlier than 6 months after the death without written notice of an intended claim, or after receiving notice not earlier than 9 months unless told proceedings have started, is protected from action by a claimant (s 44(3) and (4)).
How does the executor deal with the deceased's land?: Titles Queensland registers the personal representative by a transmission application (Form 5), or a devisee or legatee directly by Form 6, which must be accompanied by a Form 24A. Land held as joint tenants passes to the survivor by survivorship, not under the will, and the survivor records the death with a Form 4.
Jurisdiction: Supreme Court of Queensland, through its central registries (UCPR r 597(2)); land is dealt with through Titles Queensland. Forks cover a standard probate application, letters of administration on intestacy and responding to registry requisitions.
The Process at a Glance: Obtain the original will and death certificate and verify the executor's identity. Publish the notice of intention to apply and give a copy to the Public Trustee. Complete the probate application, the executor's affidavit and the affidavit of publication and service. Lodge the application with the Supreme Court registry and pay the filing fee. Once the grant is issued, transmit the land, collect the assets, publish a notice of intention to distribute, pay estate debts and taxes, and distribute the remaining assets to beneficiaries once the family provision periods have passed.
Key Legislation: Succession Act 1981 (Qld) - s 10 (execution of wills), s 35 and schedule 2 (distribution on intestacy), s 41 (family provision), s 44 (protection of personal representatives), s 45 (devolution of property to the executor). Uniform Civil Procedure Rules 1999 (Qld) chapter 15 - r 597 (application for grant), rr 598-599 (notice of intention to apply), r 601 (when the registrar may make a grant), r 602 (supporting affidavit), r 604 (proof of attestation), r 609 (affidavit on intestacy), r 610 (priority for letters of administration), r 612 (no intestacy grant within 30 days after death), rr 624-628 (caveats). Land Title Act 1994 (Qld) and the Titles Queensland transmission forms. The Oaths Act 1867 (Qld) regulates remote witnessing and the Trusts Act 2025 (Qld) governs the duties of personal representatives as trustees.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Uncontested Probate (Executor) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Wills and Estates cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Verify the original will validity, check for spelling errors, and compile the asset schedule.
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Publish Form 103 in the Queensland Law Reporter and serve the notice on the Public Trustee.
Draft Form 105 and Form 104 affidavits, mark the original will, and compile all supporting evidence.
File the application bundle, pay the court fees, and submit the physical original will to the registry.
Receive the sealed and certified Grant of Probate from the Supreme Court registrar.
Complete the realisation, settlement, and final distribution of the estate.