Applying for Probate | Probate Law Centre

/Applying for Probate | Probate Law Centre
Applying for Probate | Probate Law Centre 2017-11-13T08:41:59+00:00

Applying for Probate

Every state and territory of Australia has different requirements for executors who wish to apply for a Grant of Probate. Typically the first step is a requirements that the executor publish a notice of his/her intention to apply for a Grant of probate. For example, in Queensland, this notice must be published in the Queensland Law Reports at least 14 days prior to filing the application with the court. The notice must include the following matters:

  • the name of the deceased and any alias;
  • the deceased’s last address;
  • the date of the will and codicil(s);
  • the full name of each executor; and
  • the contact details of the solicitor.

are not required to do this in NSW.

Documents that need to be filed in the Supreme Court

Again, the documents which need to be filed vary in each Australian state and territory. However, in NSW and QLD, you will need at least the following to be filed:

  • application for probate;
  • original will (and codicil(s));
  • affidavit supporting application for probate;
  • original death certificate.