How to apply for probate in Queensland: steps, forms and fees
If your loved one passed away with assets in Queensland and you are the executor, you apply to the Supreme Court of Queensland for a grant. Queensland Courts sets out the process on two pages, “About grants of administration” and “Apply for a grant of administration”. This guide follows them in order, with the current fee and what happens after the grant. We read every page listed under Sources on 3 November 2026. Please read the court’s pages yourself before you start.
What a grant is
Queensland Courts describes three main types of grant:
- Probate, where there is a valid will and the named executor applies;
- Letters of administration with the will, where there is a valid will but the named executor can’t or won’t act;
- Letters of administration on intestacy, where there is no valid will.
You can apply yourself, or hire a solicitor or the Public Trustee to help.
Do you need probate?
The court says you may not always need a grant. Common situations where probate may not be needed include:
- the assets are of low value, such as a small bank account;
- real estate is being transferred to a beneficiary named in the will;
- real estate needs to be sold.
For the two real estate situations, the court says Titles Queensland offers a process that often avoids the need for probate. If an asset such as the family home was held as joint tenants, ownership passes automatically to the surviving owner and probate isn’t needed for it. That does not apply to property held as tenants in common.
If someone else has a prior right to apply, the court says you must first resolve that competing claim with evidence (for example written confirmation that they have given up their claim, a medical certificate or a death certificate) set out in your Form 105 affidavit.
The steps
1. Advertise your intention to apply
Publish a notice in the Queensland Law Reporter (QLR) using the wording in Form 103 (Notice of intention to apply for grant). The court page points to the ICLRQ online customer portal for submitting it.
2. Send a copy to the Public Trustee
Send a copy of the notice to the Public Trustee of Queensland by post, fax, email or in person. Wait at least 7 days after the Public Trustee receives it before filing. The court’s example: if the Public Trustee receives the notice on Friday 14 March, you can file on Monday 24 March.
3. Allow 14 days for objections
After the notice appears in the QLR, wait 14 days. The court’s example: published Friday 14 March, no objections, file Monday 31 March. If the registry is closed on the 15th day, file on the next business day. Anyone with an interest in the estate can lodge a caveat (an objection).
4. Complete the forms
All forms must be completed electronically, not handwritten. For a grant of probate the court lists:
- Form 101: Application for probate/letters of administration with the will;
- the original will and any codicil, unmarked and with nothing attached (no staples, pins or clips);
- Form 105: Affidavit supporting probate application, with a photocopy of the will (unstamped and uncertified) and a certified copy of the death certificate attached;
- Form 47: Certificate of exhibit;
- Form 104: Affidavit of publication and service, with your Form 103 notice attached;
- Form 111: Affidavit of plight, if the will or codicil is damaged.
Letters of administration with a will use Form 106 in place of Form 105. Letters of administration without a will use Forms 102 and 109. The registry may ask for more documents, such as further affidavits.
An asset register started early helps here, because you will need the details of each asset and debt.
5. File at a Supreme Court registry
Self-represented applicants file in person or by post at the Supreme Court registry in Brisbane, Cairns, Rockhampton or Townsville. Law firms lodge through the online services portal. The court notes that applications filed in person or by post are digitised, which means longer processing times before an electronic grant is issued.
6. Wait for the court’s decision
Court staff review the documents. If everything is in order, the grant is emailed to you, so make sure your email address is valid.
If the application does not comply, the court tells you why. This is called a requisition. You may need to send more documents or information by a deadline, or get legal advice.
If someone lodges a caveat, the court stops reviewing your application and the registrar sends both of you a Notice to caveator. The person who lodged the caveat must file a Form 118 (Notice in support of caveat) by the deadline. If they don’t, the registry resumes reviewing your application. They can withdraw the caveat with a Form 119.
Fees and costs
When we read the Supreme Court fees page on 3 November 2026, the fee for filing an application for probate or letters of administration was A$847.60. The same amount applies to resealing a grant made in another state or country. The page says fees and charges usually rise each 1 July, and the increase on 1 July 2026 was 3.4 per cent. The court’s filing fee is set under Schedule 1 of the Uniform Civil Procedure (Fees) Regulation 2019.
The court lists your costs as the advertising fee, the court filing fee and the fee for the death certificate from the Registry of Births, Deaths and Marriages, plus any solicitor’s fees and postage. The court keeps the certified copy of the death certificate and the original will, and neither is returned. If you need extra certified copies of the death certificate, buy them from the Registry.
After the grant
With the grant you can deal with the banks and other institutions that hold assets, then pay debts and distribute the estate.
- Land. Titles Queensland has a page on recording a death, with questions that point you to the right form depending on how your loved one held the property. It suggests getting a current title search first and confirming the requirements with your solicitor.
- Land tax. The Queensland Revenue Office says an estate administrator must contact it if a Form 4 (Request to record death) or Form 5 (Transmission application) is not registered with Titles Queensland before the 30 June after the death.
- Vehicles. Transport and Main Roads says a vehicle registered in two names can be transferred free to the surviving operator; otherwise form F5296 is used.
Time limits to ask about
These are flags, not a calculator, and not advice. Section 41(8) of the Succession Act 1981 (Qld) sets nine months from the death for family provision applications unless the court directs otherwise, and section 44(3) protects a personal representative who distributes at least six months after the death without notice of a claim (nine months if notice has been received). Courts can allow late claims. Last verified 3 November 2026 on legislation.qld.gov.au. Confirm with a solicitor before you distribute anything.
Keep a record
For each step note the date, the document, any reference number and what happens next. The QLD Add-on (A$19) is a spreadsheet with a Queensland checklist, a forms register, a notices and key dates tracker (it works out dates from the notice dates you enter, without allowing for public holidays), property and vehicle notes and a solicitor question list. It sits beside the All Ends Tied Workbook (A$39), which holds the main asset, debt and contact records for the estate.
For the other states and territories, see executor resources by state.
Common questions
Do I always need probate in Queensland?
Not always. Queensland Courts says probate may not be needed where the assets are of low value, such as a small bank account, or where real estate is being transferred to a beneficiary named in the will or sold, because Titles Queensland has a process that often avoids it. Assets held as joint tenants pass to the surviving owner. Ask each institution what it needs.
Can I apply for probate in Queensland myself?
Yes. Queensland Courts says you can apply yourself or hire a solicitor or the Public Trustee to help. Self-represented applicants file in person or by post at a Supreme Court registry, and forms must be completed electronically, not handwritten.
How much does probate cost in Queensland?
The Supreme Court fee for filing an application for probate or letters of administration was A$847.60 when we read the fees page on 3 November 2026. It is a single fee, not a scale. You also pay for the Queensland Law Reporter notice and the death certificate, plus any solicitor's fees and postage.
How long do I have to wait before filing?
Two waits run at once. You must wait at least 7 days after the Public Trustee receives a copy of your notice, and 14 days after the notice appears in the Queensland Law Reporter. If the registry is closed on the 15th day, file on the next business day.
Queensland tabs: official links, checklist, forms register, key-dates tracker, property and vehicle notes and solicitor questions.
Sources
- Queensland Courts: About grants of administration
- Queensland Courts: Apply for a grant of administration
- Queensland Courts: Supreme Court fees
- Titles Queensland: Recording a death
- Queensland Revenue Office: Deceased estate land tax relief
- Transport and Main Roads: Deceased estate vehicle transfer
- Succession Act 1981 (Qld)