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Supreme Court Queensland Probate Forms: Which Ones You Need

Supreme Court Queensland Probate Forms: Which Ones You Need

Filing for probate in Queensland means dealing with the Uniform Civil Procedure Rules (UCPR) forms, and the Supreme Court registry has zero tolerance for errors. Approximately 30% of unrepresented probate applications get rejected through formal requisitions — usually for avoidable mistakes like unsigned affidavit pages or minor spelling discrepancies.

Here's what each form does, when you need it, and what gets people tripped up.

The Core Probate Forms

Form 101 — Application for Probate (With a Will)

This is your primary application to the Supreme Court requesting formal recognition of the deceased's will and your authority as executor. You file this after the mandatory 14-day waiting period following publication of your QLR notice.

The filing fee is $819.90 (2025/2026 financial year), with a concession rate of $149.60 available. Applications can be filed online through the QLD Courts e-filing portal or on paper.

Form 102 — Application for Letters of Administration (No Will)

If the deceased died intestate (without a valid will), you don't apply for probate — you apply for Letters of Administration instead. The highest-ranking next-of-kin under the Succession Act 1981's intestacy hierarchy files this form. Same filing fee as Form 101.

Form 103 — Notice of Intention to Apply for a Grant

This is the mandatory public notice that must be published in the Queensland Law Reporter before you can file your application. It alerts creditors, potential challengers, and the Public Trustee that a probate application is coming.

The QLR publishes every Friday. The submission deadline is 3:30 pm on the preceding Monday, and the advertising fee is $161.70. You must also serve a copy on the Public Trustee of Queensland, who then has 7 days to check whether they hold a newer will.

Form 104 — Affidavit of Publication

A sworn affidavit proving that you published the Form 103 notice in the QLR. This is filed as part of your application package. No separate fee — it's included in the main filing.

Form 105 — Affidavit Supporting the Probate Application

The most complex form in the set. This is a sworn narrative affidavit supporting your probate application. You must describe your relationship to the deceased, confirm the will's validity, detail the estate's estimated gross value, and address any irregularities with the will document.

This is where most DIY applications fail. The affidavit must be signed on every individual page, and the Supreme Court checks for consistency between the names on the death certificate, the will, and your affidavit. Even minor spelling differences (a middle name abbreviated in the will but spelled out on the death certificate) require explanation.

Additional Forms You Might Need

Form 109 — Affidavit of Next of Kin

Required when applying for Letters of Administration (intestacy). Establishes the family hierarchy and identifies who is entitled to administer the estate.

Form 111 — Affidavit of Plight

If the original will shows any physical irregularity — a removed staple, a torn page, a missing envelope — you need this affidavit explaining exactly how and when the damage occurred. The court examines the physical condition of every original will for evidence of tampering, revocation, or missing codicils.

Common Mistakes That Trigger Rejections

Based on the Supreme Court's own troubleshooting guide, these are the errors that most frequently cause requisitions:

Unsigned pages: Every page of Forms 104 and 105 must be individually signed. Missing a single page means the entire affidavit is invalid.

Name discrepancies: If the will says "Robert J. Smith" and the death certificate says "Robert James Smith," you must address the discrepancy in your Form 105 affidavit. Don't assume the court will overlook it.

Will tampering: Never remove staples, use paperclips, or alter the original will in any way. If the binding has been disturbed, a Form 111 is mandatory.

Asset undervaluation: If you estimate the estate's gross value inaccurately (for example, valuing a vehicle at $15,000 based on online classifieds when a professional valuation later shows $42,000), the court fees will be incorrect and the application rejected.

Filing too early: Your application will be rejected if fewer than 14 clear days have passed since the QLR publication date.

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Where to File

Applications can be lodged through the QLD Courts e-filing portal or in person at the Supreme Court registry in Brisbane. The e-filing system is generally faster and allows you to track the status of your application online.

For annotated examples of each form, step-by-step instructions for constructing the Form 105 narrative affidavit, and a complete timeline from QLR notice through to receiving the grant, the Queensland Estate Settlement Guide provides everything you need to file without a solicitor.

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