Legal Project Management Plan & Checklist
Applying for probate in Queensland where there is a valid will: notice of intention, the probate application and executor's affidavit, and the grant.
What does the executor's affidavit for probate in Queensland need to say?: It must state that the will identified is the deceased's last will, give the date of death (or the circumstances and place of death if the date is unknown), identify the applicant as the executor named in the will, and exhibit the original will and a certified copy of the death certificate; the original will is filed with the affidavit (Uniform Civil Procedure Rules 1999 (Qld) r 602).
What if the will has no attestation clause?: The applicant must file an affidavit by a witness who signed the will stating how it was made; if that is not practicable, an affidavit by someone else who was present; and if no one is available, an affidavit explaining why, with evidence of the witnesses' handwriting if possible (UCPR r 604).
When must the notice of intention to apply for probate be published?: At least 14 days before the application is filed, in the approved form and in a publication approved by the Chief Justice, with a copy given to the Public Trustee at least 7 days before filing (UCPR rr 598 and 599).
Jurisdiction: Supreme Court of Queensland. The proceeding is started by application in a central registry and need not be served (UCPR r 597).
The Process at a Glance: Obtain the original will and confirm it is properly signed and witnessed. Get the official death certificate. Publish the notice of intention to apply and give a copy to the Public Trustee. Prepare the application for probate, the executor's affidavit and the affidavit of publication and service, and the estate inventory. Lodge at the Supreme Court registry and pay the filing fee. Respond promptly to any requisitions, then use the sealed grant to administer the estate.
Key Legislation: Succession Act 1981 (Qld) - s 10 (formal validity of wills), s 18 (court may dispense with execution requirements for an informal will). Uniform Civil Procedure Rules 1999 (Qld) chapter 15 - r 597 (application for grant), rr 598-599 (notice of intention), rr 600-601 (registrar's inquiries and when a grant may be made), r 602 (supporting affidavit), r 604 (evidence of attestation). Queensland Courts probate 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) - Standard Probate Application (Valid Will) 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.
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| Client name | matter.clientName | text | Required | inheritedmatter-core |
Examine the original will, confirm executor details, and verify no issues with capacity or execution.
Publish the notice of intention in QLR and notify Public Trustee.
Draft Form 101 application and Form 105 affidavit of executor, and mark the original will.
File the completed application package at the Supreme Court registry.
Court seals the grant and beneficiaries notified.
Court seals the grant and beneficiaries notified.
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