Legal Project Management Plan & Checklist
Letters of administration on intestacy in Queensland: who has priority, the Form 102 application and Form 109 affidavit, and the 30-day rule.
Who has priority to apply for letters of administration in Queensland?: In descending order: the surviving spouse, the 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 (Uniform Civil Procedure Rules 1999 (Qld) r 610(1)). For this purpose a spouse includes a de facto partner of at least 2 continuous years ending on the death (r 596). The applicant must prove why each person higher in priority is not entitled, by death, incapacity or renunciation (r 610(5)).
What must the affidavit for letters of administration on intestacy contain?: The date of death, the applicant's relationship to the deceased, the grounds of the applicant's priority, the names of those with a beneficial interest in the estate under Succession Act 1981 ss 35 to 37 so far as known, and a certified copy of the death certificate as an exhibit (UCPR r 609).
How soon after a death can letters of administration be granted?: The court must not make a grant on intestacy within 30 days after the death unless urgent circumstances justify it (UCPR r 612).
Jurisdiction: Supreme Court of Queensland, central registry. The proceeding is started by an application for letters of administration (intestacy), Form 102 (UCPR r 597).
The Process at a Glance: Confirm there is no will through a thorough search. Identify the person with priority to administer and obtain any renunciations from those ranked higher. Publish the notice of intention to apply and give a copy to the Public Trustee. Prepare the Form 102 application, the Form 109 affidavit and the affidavit of publication and service. Lodge with the registry. Once the grant issues, collect the assets and distribute them under the intestacy rules in the Succession Act 1981 (Qld).
Key Legislation: Succession Act 1981 (Qld) part 3 - s 35 and schedule 2 (who takes on intestacy), ss 36-37. Uniform Civil Procedure Rules 1999 (Qld) - r 596 (spouse defined for chapter 15, despite Acts Interpretation Act 1954 s 32DA(6)), r 597 (application for grant), rr 598-599 (notice of intention), r 609 (affidavit on intestacy), r 610 (priority), r 612 (30-day rule). Queensland Courts forms.
* 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) - Letters of Administration (Intestacy Alternate) 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.
| Matter numberⓘ |
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inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
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| Client name | matter.clientName | text | Required | inheritedmatter-core |
Confirm no valid Will exists and identify the primary applicant by priority under Succession Act 1981 and UCPR r 610.
Publish QLR notice and complete exhaustive searches for any Will.
Draft Form 102 application and Form 109 affidavit with family tree and search evidence.
Submit the administration application and publication affidavits to the Supreme Court registry.
Court seals the Letters of Administration and estate distribution can commence.
Court seals the Letters of Administration and estate distribution can commence.
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