Apply for Probate in Queensland with Australian Probate Centre
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How our Probate Application Process Works
Free Consultation
Call us or send your contact details through our website and one of our solicitors specialising in probate application will contact you to discuss your enquiry. During the phone consult, we will advise you on whether you require probate or letters of administration and provide you with a fixed fee quote.
Send us the Required Information
The information and/or documents that we require to commence the probate application or
application for letters of administration are the following:
- A copy of the death certificate
- A copy of the executor’s ID (e.g., driver’s license or passport)
- A copy of the will (if there is a will)
- Information about the deceased’s assets
Application is Drafted
Once we receive the required information, we will commence the application for probate/letters of administration. We will update you at each stage as the matter progresses.
Application Submitted to the Supreme Court
Once the application and supporting documentation has been prepared and signed, we will submit the application with the Supreme Court. We will advise you once we receive a response from the Court in respect of the application.
What is Probate?
Probate is the authorisation granted to an executor of a Will by the Supreme Court allowing such
executor to access and manage the deceased person’s estate. The Supreme Court will assess the
documents provided by the applicant and if satisfied, issue a grant of probate.
Probate
Application Cost for Probate in Queensland
When you apply for probate, you are required to pay Court fees for the Court to assess your
application. The amount payable to the Court to file a probate application depends on the value of
the estate. The table below shows the Court filing fees payable in probate matters:
Administration of Estate |
Fees($) |
| Filing an application for probate or letters of administration | 793.00 |
| Advertising fees | 161.70 |
Key Differences in Probate and Letter of Administration
Probate |
Letter of Administration |
| There is a will | There is no will |
| Application made by executer named in the will | Application made by the family member of next of kin |
| Deceased's assets are distributed according to the will | Deceased's assets are distributed according legislation |
| Consent of family members or beneficiaries is not required | Consent of family members or beneficiaries may be required |
Frequently Asked Questions
What is probate?
Probate is the authorisation granted to an executor of a Will by the Supreme Court allowing such
executor to access and manage the deceased person’s estate. The Supreme Court will assess the
documents provided by the applicant and if satisfied, issue a grant of probate.
Who needs to apply for probate?
Generally, the executor named in the Will would be the one to apply for probate. If the executor
named in the Will is unable or unwilling to act, then the substitute executor can apply for probate.
Where there is no executor named, then a family member can apply.
How do I apply for probate in Queensland?
The application for probate is made to the Supreme Court of Queensland. Before you lodge your
application, you need to advertise your intention to apply. Once you advertise your intention to
apply for probate, you will then need to wait for the prescribed period before you can lodge your
application for probate with the Court.
Documents required
Some of the documents that you will need to submit with your probate application include the
following:
- Death certificate
- Affidavit of executor/s
- Will
- Statement of assets and liabilities
Each case is different and additional documents may be required depending on the circumstances of
the matter.
Court application fees
When you apply for probate, you are required to pay Court fees for the Court to assess your
application. The amount payable to the Court to file a probate application depends on the value of
the estate. The table below shows the Court filing fees payable in probate matters:
Administration of Estate |
Fees($) |
| Filing an application for probate or letters of administration | 793.00 |
| Advertising fees | 161.70 |
When do I need to apply for probate?
Generally, the executor would apply for probate once they have received the death certificate.
There is no prescribed period in which the executor will need to apply for probate in Queensland,
however, it is advisable to do so as soon as possible following the death as there may be tax and
legal consequences if the application is delayed.