Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client has been named as executor in a Queensland will and needs to administer the estate, and no one is contesting the will or the appointment. This plan covers the Queensland Supreme Court probate process from initial instructions through to estate distribution. Open it at first instructions once you have the will and the death certificate.
Jurisdiction: Supreme Court of Queensland (Trial Division - Probate). Forks cover the three most common application types: standard probate where there is a valid will, letters of administration on intestacy where there is no will, and correcting registry requisitions after the initial application is lodged.
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 in the Queensland Law Reporter and serve the notice on the Public Trustee. Complete the probate application, executor's affidavit, and supporting documents. Lodge the application with the Supreme Court registry and pay the filing fee. Once the grant is issued, publish a notice of intention to distribute, pay estate debts and taxes, and distribute the remaining assets to beneficiaries.
Use this fork when the Queensland Probate Registry has issued a requisition identifying deficiencies in the application that must be fixed before the grant will issue. This is a routine step and does not mean the application has been rejected.
Use this fork when the deceased left a valid, signed will and you are the named executor applying for a standard grant of probate in Queensland. This is the most straightforward probate application - the will is not being challenged and the executor is willing and able to act.
Use this fork when the deceased died without a will in Queensland and an eligible person is applying for letters of administration to authorise them to collect assets and distribute the estate according to the intestacy rules.
Key Legislation and Case Law: Succession Act 1981 (Qld) governs wills, intestacy, and executor duties. Uniform Civil Procedure Rules 1999 (Qld) Chapter 15 governs probate procedure. The Oaths Act 1867 (Qld) regulates remote witnessing. The Trusts Act 2025 (Qld) governs executor duties, record-keeping, and distribution protections. Court filing fees are set by the Uniform Civil Procedure (Fees) Regulation. Key case law includes Re Herbert (deceased) [2011] QSC 315 regarding judicial directions and Smith v Kennedy [2024] QSC 27 regarding trustee removal.
* 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 TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
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.