Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the practitioner roadmap for managing uncontested probate and letters of administration desk applications in Queensland. Designed explicitly for probate clerks, estate lawyers, and trust administrators, this guide covers the process under Chapter 15 of the Uniform Civil Procedure Rules 1999 (QLD). Additional forms are accessible via the Queensland Government Portal.
Jurisdiction: This guide applies to desk applications filed in the Supreme Court of Queensland, Australia. Verify current guidelines on the official Queensland Legislation Registry.
Governing Legislation: Succession Act 1981 (QLD), UCPR 1999 (QLD) Chapter 15 (Rules 597-610), Oaths Act 1867 (QLD), Legal Profession Act 2007 (QLD), . Trusts Act 2025 (QLD) (commenced 28 April 2026, replacing Trusts Act 1973).
Filing Fees (2025-26 FY): - Supreme Court filing fee: $819.90 (flat, not tiered by estate value) / $149.60 (concession via Form 131), QLR publication fee: $161.70 (GST inclusive), Total standard cost: $981.60, Letters of Administration: identical fees ($819.90 + $161.70) Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Waiting Periods: 14 clear days after QLR publication (UCPR r 597-599). 7 clear days after Public Trustee service (UCPR r 598). Both non-waivable without court intervention.
Family Provision (Part 4 Succession Act 1981): Eligible claimants: spouse/de facto (2+ years), children (biological/adopted/step), dependants. Notice deadline: 6 months from death. Filing deadline: 9 months from death. Jurisdiction: Supreme Court or District Court. Additional forms are accessible via the Queensland Government Portal.
Key Case Law: Harrison v Cox (No. 2) [2025] QSC 205 (executors removed for self-dealing, personal costs liability). Jordan v Jordan [2025] QCA 235 (independent administrator appointed for conflict of interest). Morris v Morris [2025] QSC 7 (inadequate provision for spouse). Sullivan v Sullivan [2025] QSC 20 (return of common form grant, testamentary capacity). Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Trusts Act 2025 Impact: Notice of intention to distribute extended from 6 weeks to 2 months (s 135). New ss 49B-49D Succession Act allow personal representatives to carry on deceased's business up to 2 years. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Practice Direction: PD 14 of 2023 (Wills and Estates List), amended 2024. Family provision applicants must now file affidavit identifying provision sought and affidavit regarding costs at commencement. First directions hearing within 28 days. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Process at a Glance: Audit original will and death certificate. Compile asset schedule. Publish Form 103 in QLR ($161.70). Serve Public Trustee (UCPR r 598). Wait 14 clear days. Draft Form 101 (Application) and Form 102 (Executor Affidavit). Mark original will. File desk application ($819.90). Respond to requisitions if issued (UCPR r 601). Receive sealed grant.
* 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 Wills & Estates: 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.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Publish Form 103 in the Queensland Law Reporter and serve the notice on the Public Trustee.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Draft Form 102 and Form 105 affidavits, mark the original will, and compile all supporting evidence.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.