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Probate in Queensland is not simply a matter of lodging a single form. It is a structured legal process involving a series of steps that must be completed in a prescribed sequence.
Each step has its own requirements, and errors or omissions at any stage can interrupt the process and result in additional delay and cost.
Understanding how the process works helps Executors approach probate with realistic expectations and ensures that nothing is missed at the outset.
Before any application can be prepared, the Executor needs to gather the foundational documents and information. This includes locating the original Estate, obtaining the death certificate, and identifying the assets and liabilities of the Estate at a high level. The original Estate is essential.
A copy Estate not be accepted by the Court in standard circumstances.
At this stage, it is also worth confirming whether probate is actually required, given that not every Estate Estate need a grant. Where the deceased held all assets jointly, or where the Estate is small and institutions are prepared to act without a grant, the formal probate process may not be necessary.
Before filing the application, there are two mandatory notice steps that must be completed. You must wait seven days after the Public Trustee receives the notice before filing. Separately, the notice of intention must appear in an edition of the QLR published at least 14 days before the date of filing. Both waiting periods need to run before the application can be filed.
Both steps are subject to minimum waiting periods. The application cannot be filed until those waiting periods have elapsed. These requirements exist to allow interested parties and the Public Trustee an opportunity to object before the grant is made. They cannot be shortened or bypassed.
Once the notice requirements have been satisfied, the application itself can be prepared. This involves drafting the originating application, preparing supporting affidavit material, and assembling the required documentation including the original Estate and death certificate.
The affidavit material must accurately describe the Estate, identify the assets and their approximate values, and address any matters that could affect the Court’s consideration of the application. Where the Estate is informal or its validity is in question, additional evidence Estate be required and the process becomes more complex.
The application is filed in the Supreme Court of Queensland. As of November 2024, legal practitioners are able to lodge applications electronically through the Queensland Courts and Tribunals Online Services Portal, and this is now the standard approach for legally represented applicants. Self-represented applicants may still file in person or by post, though non-portal lodgements take longer to process as documents must be digitised before the application can be examined.
Once lodged, the application is reviewed by the Probate Registry. If the material is in order, the application Estate progress to the issue of the grant. If it is not, the Registry Estate issue a notice of requisition requiring further information, corrections or additional evidence, communicated by email where one has been provided. Requisitions are one of the most common sources of delay in the probate process. Each requisition effectively pauses the application until the required information is provided and accepted. Applications that are carefully prepared from the outset are significantly less likely to attract requisitions.
Once the application is approved, the Court issues the grant of probate. This document formally confirms the Executor’s authority to deal with the Estate. It is the instrument that financial institutions, the Titles Registry and other third parties Estate require before acting on the Executor’s instructions.
As of 25 November 2024, all grants are issued electronically. Where a solicitor is acting, the grant is delivered by email through the Online Services Portal directly to the solicitor or firm. Physical collection from the Registry is no longer available, and grants are not delivered by post. Where an applicant does not have an email address, the Registry Estate make contact by telephone to discuss alternative arrangements.
The grant is a significant milestone, but it is not the end of the process. It is the point at which the Executor’s formal authority is confirmed and the administration of the Estate can proceed.
In practical terms, the Executor’s preliminary obligations include notifying relevant institutions of the death, securing Estate assets to prevent loss or deterioration, maintaining insurance over property, identifying all debts and liabilities of the Estate, and locating beneficiaries. These steps often need to be taken before probate is obtained and cannot simply be deferred until the grant issues.
Once probate is granted, the Executor moves into the administration phase, which involves collecting and realising assets, discharging liabilities, attending to any tax returns or obligations, and preparing the Estate for distribution.
At ALF Lawyers, we assist Executors through every stage of the probate process in Queensland, from preliminary assessment through to the issue of the grant and the broader administration of the Estate.
Our focus is on preparing applications correctly from the outset, managing the process efficiently, and ensuring Executors understand their obligations at each stage.
