Probate notices in Queensland: what they are and how to search them

What is a probate notice?

A probate notice (formally, a notice of intention to apply for a grant) tells the public that a named person intends to ask the Supreme Court of Queensland for probate of a will, or for letters of administration where there is no valid will.

It gives the deceased's name, last address and date of death, the date of the will, and who is applying. Its purpose is simple: anyone with an interest in the estate gets a chance to raise a concern before the court makes a grant.

Where probate notices are published

Queensland notices are published online in the Queensland Law Reporter. A copy must also be served on the Public Trustee of Queensland. Your solicitor arranges both and keeps proof, because the court needs evidence of publication and service with the application.

The 14-day wait

The probate application cannot be filed until at least 14 days after the notice is published and served. In practice we use that time to finish the executor's affidavit and gather the death certificate and original will, so the application is ready to file on day 15.

How to search Queensland probate notices

If you want to know whether someone has applied, or is about to apply, for probate of a relative's estate, you can:

• Search the published notices of intention to apply in the Queensland Law Reporter by the deceased's name
• Search the Supreme Court of Queensland's court records for an application or a grant already made
• Ask a solicitor to make the searches and, if needed, write to the executor's lawyers

What if you object to the application?

If you have a real concern, such as a later will, doubts about capacity, or a question about who should be administering the estate, act before the grant issues. A caveat lodged with the court can stop a grant being made while the issue is sorted out. Strict time limits apply, so get advice quickly.

A caveat is a serious step, and it is not the same as a family provision claim. Contesting your share of the estate is a separate process with its own time limits.

Notices to creditors are different

Executors often also publish a notice calling for claims from creditors. It sets a date after which the executor can distribute the estate, having regard only to claims they know about. It protects the executor personally, but it is separate from the probate notice.

Probate notices in Queensland: common questions