What is The Probate Process and How Long Does Probate Take in QLD?
Obtaining a Grant of Probate involves 6 major steps — with many smaller ones in between — making the greater Probate process quite complex.
This is why it is important to get your Probate application right the first time.
Failing to do so can potentially cost you more money and lead to your application taking longer to process.
Below is an overview of the steps required from start to finish to obtain a Grant of Probate, and the approximate time frames for each of these steps.
After publication, the executor is required to wait until the latter of the following periods before filing an application for a Grant of Probate in the Supreme Court of Queensland (prescribed period):
- 14 clear days after the Probate Notice is published;
- 7 days after the Probate Notice was given to the Public Trustee.
Anyone claiming to have an interest in the estate can file a caveat in the Supreme Court of Queensland to object to the Grant of Probate (objection). If they have evidence, the Court won’t make the Grant of Probate until the claim is resolved.
If a caveat is filed, the Registrar of the Supreme Court sends a notice to the person lodging the caveat and to the executor about the matter. When this occurs, it is no longer a simple Probate matter and specific legal advice needs to be sought.
Fortunately, objections only occur in about 1.5% of all Probate matters.
- Prepares, signs and files the following documents in the Supreme Court of Queensland after they are signed:
(a) Application for a Grant of Probate;
(b) Affidavit Supporting Probate Application containing exhibits of a photocopy of the original last will and an original death certificate issued by the Registry of Births Deaths and Marriages;
(c) Affidavit of Publication and Service confirming publication and service of the Probate Notice and exhibiting copies of them.
- Files the original last will in the Supreme Court
* Please note that these time frames are only intended as a guide and cannot be guaranteed. This is because processing times are subject to the actions of third parties outside Queensland Probate’s control, such as the volume of Probate applications that have been lodged with the court.
** Queensland Probate will not accept any liability for any claims for any loss or damages that may arise because the processing time for an application has exceeded the estimated time frames mentioned on this website.