QLD Probate Kit

Our Qld Probate Kit quickly and easily creates the Queensland Supreme Court-approved forms required for an application of probate.

Here’s how it works:

  • Up to 3 plaintiffs -usually, the executors or substitute executors – can apply for probate;
  • Applications for Probate can be made on a will (with or without codicils) or a copy of a will (and its codicils, if any);
  • Covers scenarios where up to 2 executors have passed away or renounced probate.

The kit includes the following documents:

  • Form 101 – Application for Probate;
  • Form 103 – Notice of Intention to Apply for Grant;
  • Form 104 – Affidavit of Publication and Service;
  • Form 105 – Affidavit Supporting Probate Application;
  • Form 47 – Certificate of Exhibit.

The forms comply with the Uniform Civil Procedure Rules 1999 (Qld) and the Succession Act 1981 (Qld).

What is a Grant of Probate?

A Grant of Probate is a legal document that authorises an executor (or executors) to manage the estate of a deceased person in accordance with the provisions of the deceased's will.

You will usually need to apply for a grant of probate if:

  • the deceased had assets in Queensland at the date of death such as bank accounts, shares or real estate solely in his or her name; or
  • the deceased owned real estate at the date of death as tenants in common with another party.

We recommend you contact the institutions (such as banks, superannuation funds, and insurers) holding the assets.

If there are assets solely in the name of the deceased, the institution will usually tell you whether or not they require a grant of probate to release those assets.

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