Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client has been named as executor in a will, or needs to administer the estate of someone who died without a will in Queensland, and no one is contesting the will or the appointment. This plan covers the Queensland Supreme Court probate process from initial instructions through to estate distribution. Open it at first instructions once you have the will (or confirmed there is none) and the death certificate. Verify current guidelines on the official Queensland Legislation. Access services via the Queensland Courts.
Jurisdiction: Supreme Court of Queensland (Trial Division - Probate). Forks cover the three most common application types: standard probate where there is a valid will, letters of administration on intestacy where there is no will, and correcting registry requisitions after the initial application is lodged. Verify current guidelines on the official Queensland Legislation.
Obtain the original will and death certificate and take instructions from the executor. Prepare an inventory of all estate assets and liabilities. Complete the probate application, executor's affidavit, and supporting documents. Lodge the application with the Probate Registry and pay the scaled filing fee. The registry examines the documents and issues the grant if satisfied. Use the sealed grant to collect estate assets, pay debts and taxes, and distribute the balance to beneficiaries in accordance with the will or intestacy rules. Verify current guidelines on the official .
Use this fork when the deceased left a valid, signed will and you are the named executor applying for a standard grant of probate in Queensland. This is the most straightforward probate application - the will is not being challenged and the executor is willing and able to act. Verify current guidelines on the official Queensland Legislation. Access services via the Queensland Courts.
Use this fork when the Queensland Probate Registry has issued a requisition identifying deficiencies in the application that must be fixed before the grant will issue. This is a routine step and does not mean the application has been rejected. Verify current guidelines on the official Queensland Legislation. Access services via the Queensland Courts.
Use this fork when the deceased died without a will in Queensland and an eligible person is applying for letters of administration to authorise them to collect assets and distribute the estate according to the intestacy rules. Verify current guidelines on the official Queensland Legislation. Access services via the Queensland Courts.
Key Legislation and Case Law: Succession Act 1981 (QLD) governs wills, intestacy, and executor duties. The Uniform Civil Procedure Rules 1999 (QLD) Chapter 15 governs probate procedure. Filing fees are set by the Supreme Court of Queensland. Distribution on intestacy follows the Succession Act 1981 (QLD) Part 3. QLD Courts forms provides current probate forms. Executors owe fiduciary duties to beneficiaries including duties to account and to administer the estate within a reasonable time (traditionally 12 months - the executor's year).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Wills & Estates: Uncontested Probate (Executor) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
Verify the original will validity, check for spelling errors, and compile the asset schedule.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Publish Form 103 in the Queensland Law Reporter and serve the notice on the Public Trustee.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Draft Form 102 and Form 105 affidavits, mark the original will, and compile all supporting evidence.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.