How to apply for probate in Queensland: the step-by-step process

Applying for probate in Queensland is a defined court process, not a form you lodge with a government department. This is what happens, in order, and what an executor has to produce at each step.

Written by Michael Klein, Legal Practice Director, admitted 2003 · General information about Queensland law · Last reviewed 2026

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Applying for a grant of probate in Queensland

1
Locate the original will and the death certificate
The Supreme Court needs the original will, not a copy. A copy is possible but adds an affidavit and delay.
2
Publish the notice of intention to applyDay 0
Published in the Queensland Law Reporter, with a copy served on the Public Trustee of Queensland.
3
Wait the notice period14 days
The application cannot be filed until at least 14 days after the notice and 7 days after service on the Public Trustee.
4
File the application
Application, affidavit of the executor, the original will and the exhibit certificate are filed with the registry.
5
Registry review4–8 weeks
The registry either issues the grant or raises a requisition — a question that has to be answered before it will.
6
Grant issued
With the grant in hand the executor can call in the assets, deal with the banks and transfer or sell the property.

Timeframes are the registry's, not ours. A clean application with no requisitions is the difference between weeks and months.

Step 1 — Confirm a grant is needed

A grant is generally required where the estate holds real property in the deceased's sole name, or bank, share or investment holdings above the institution's threshold. Property held as joint tenants passes by survivorship, and superannuation and life insurance frequently sit outside the estate. Check before you spend anything.

Step 2 — Notice of intention to apply

The executor must publish a notice of intention to apply for the grant and serve a copy on the Public Trustee of Queensland. The application cannot be filed until at least 14 days after publication and service.

Step 3 — Prepare the application material

A Queensland application is a short bundle of documents:

The application for a grant of probate in the required form
The executor's affidavit, exhibiting the death certificate and proof of publication and service
The original signed will, and any codicils
An affidavit explaining anything unusual — an alteration, a missing attestation clause, damage, or delay

Step 4 — File in the Supreme Court

The material is filed in the Supreme Court of Queensland with the filing fee. Filing is done electronically, which is why executors do not need to be anywhere near a registry, or near their solicitor.

Step 5 — Requisitions, then the grant

If the registry finds a defect it issues a requisition, which must be answered before the grant will issue. Common causes are an incorrectly sworn affidavit, a discrepancy in the deceased's name between the will and the death certificate, or an unexplained alteration on the will. Once satisfied, the registry issues the grant and the executor can deal with the estate's assets.

Step 6 — Administer the estate

The grant is authority, not completion. Afterwards the executor collects the assets, transfers or sells property, deals with superannuation, insurers and the ATO, pays debts, prepares estate accounts and distributes to the beneficiaries — usually not before six months from death.

Frequently asked questions

Can I apply for probate myself in Queensland?

Yes. The registry does not require a solicitor. The risks are defective affidavit material that draws requisitions, and personal liability if you distribute wrongly — including distributing within six months while a family provision claim can still be brought.

What if the deceased's name is spelt differently on the will and the death certificate?

That must be explained on affidavit. It is one of the most common reasons the registry issues a requisition, and it is straightforward to deal with if it is addressed in the original material rather than after the fact.

What is the difference between probate and letters of administration?

Probate is granted where there is a valid will naming an executor. Letters of administration are granted where there is no will, or where the named executor cannot or will not act. The process and the notices are the same.

Do I need to go to court?

No. A standard application is dealt with on the papers by the registry. Nobody appears.

This guide is general information about Queensland law, current at the time of writing. It is not legal advice and does not take your circumstances into account. Call Coastside Law on 0488 340 853 for advice on your own matter.

Next steps

Where to go from here if this is your situation.

1Wills, probate and estatesWills, executor work, probate applications and estate administration in Queensland.See how we help
2Check the fixed feeExactly what our conveyancing costs, what is included, and what the third-party disbursements are.View our fees
3Talk it throughA short, no-obligation conversation with a lawyer at our Golden Beach office.Request a consultation Call 0488 340 853

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