Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
Jurisdiction: Supreme Court of Queensland (Probate Registry).
The Process at a Glance: Obtain the original will and confirm it is properly signed and witnessed. Get the official death certificate. Prepare the estate inventory and executor's affidavit. Complete the Form 40 Application for Probate and supporting documents. Lodge at the Supreme Court of Queensland and pay the filing fee. Wait for the grant, respond to any requisitions promptly. Use the sealed grant to administer the estate.
Key Legislation and Case Law: Succession Act 1981 (QLD), Uniform Civil Procedure Rules 1999 (QLD) Chapter 15, Supreme Court of Queensland filing fees schedule. QLD Courts probate forms. The will must meet formal validity requirements under Succession Act 1981 (QLD) s 10. The court has discretion to admit informal documents to probate under s 18.
* 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 TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
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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