Contesting a Will in Queensland: Your Rights Explained

The following guide explains exactly what you can search for, where to look, and how to get a certified copy once you've found what you need. 

What Can You Search For? 

It helps to understand the difference between the two main things people search for: 

1. A Notice of Intention to apply for a grant of representation — A public notice that is published prior to filing an application for a grant of representation (probate or letters of administration) wherein an entitled individual announces their intention to apply for a grant of probate or letters of administration.
2. A grant of representation — The grant of probate or letters of administration itself granted to either the executor or administrator by the QLD Supreme Court.  

A Notice of Intention (NOI) to apply for a grant of probate or letters of administration is published in the Queensland Law Reporter (QLR) prior to filing an application for a grant of representation with the Court. NOIs announce an executor or administrator’s intention to apply for a grant of representation in a deceased estate. Once published the applicant must wait a minimum of two (2) weeks before they can file their application with the court.  

To ascertain whether an NOI has been published in a deceased estate you can search through the Public Notices Database on the Queensland Reports website.  

Here you can select the type of notice you are searching for (in this case, a probate notice) and search using the deceased’s name.  

Please note, that this database only contains notices published from 2012 onwards.  

For older matters not in the QLR's online database, you will need to search through the Queensland Courts Online Services Portal directly. Search by the deceased's exact name (spelling matters) via the Court's wills and estates document search on the Online Services Portal. If you are unsure of the deceased’s exact name you can do what is known as a ‘wildcard search’ wherein you write the deceased’s name to the best of your knowledge and put an asterisk after it.  

To find out whether a grant of probate or letters of administration has been granted in a deceased’s estate, you can search via the Queensland Courts Online Services Portal wills and estates application search. 

You can search through the database using a filing number (if you have it) or the deceased’s exact full name. To refine your search, you can input the filing location, application type (i.e. Probate, Letters of Administration etc.) filing date etc.  

Once you have located the correct matter you can click on it and the portal will provide you with a list of documents which have been filed in the matter including whether or not a grant has been issued by the Court.  

Importantly, the Supreme Court of Queensland does not hold every will in the state — only wills that have been filed as part of an application for a grant. If someone died and no one has applied for probate, there's no court file to search, and the will (if one exists) will typically be with the solicitor who prepared it or the Public Trustee of Queensland. If you're not sure whether probate has been applied for at all, the wills and estates search above is the right starting point — no matching file generally means no application has been made. 

Need Help With a QLD Probate Application? Get a fixed-fee quote from an experienced Queensland probate lawyer. Learn more about probate in Queensland. 

Is a QLD probate search free? 

Yes, searching for a Probate or Letters of Administration grant is free.

How do I know if probate has already been applied for?

Search the deceased's exact name in the Supreme Court's wills and estates document search. If no file comes up, it's unlikely any application has been made.

Where do I search for notices before 2012?

The QLR's online Probate Notice Database only covers 2012 onwards. For older notices or grants, you'll need to search the Supreme Court's civil files directly, or contact the relevant registry.

Probate serves a crucial role in ensuring estates are administered lawfully and fairly. Whether managing probate with the will or working through letters of administration, recognising when to seek legal help can have a significant difference. 

If you are uncertain about your obligations or next steps, speaking with experienced probate lawyers can assist you move forward with clarity and confidence. 

Managing a deceased estate can feel overwhelming, especially when letters of administration or probate with the will are required. Clear legal advice early can assist avoid delays and costly mistakes. 

📞 Call us on 07  2000 4810 now or email probate@qldprobate.com.au