Disclaimer — This content is provided for general educational purposes only. It is not legal advice. Probate procedure, claim-lodgement rules,…
Disclaimer — The information below is for general educational purposes only and does not constitute legal advice. Procedures and filing fees can change without notice. Executors and solicitors seeking a reseal in Queensland should obtain tailored guidance from the Probate Registry or an experienced succession-law solicitor before lodging documents.
A reseal of probate is the Supreme Court of Queensland’s formal recognition of a grant issued by another jurisdiction. Once resealed, the personal representative gains the same authority in Queensland as if the original grant had been made locally—essential for selling real estate, accessing bank accounts or transferring shares registered in this State. This guide explains when a reseal is possible, outlines every document you will need, and highlights common mistakes that delay applications.
When Do You Need a Reseal?
The Court will reseal a grant from:
- any other Australian state or territory
- many Commonwealth countries (e.g., England & Wales, New Zealand, Singapore, Hong Kong)
If the grant comes from a jurisdiction outside the reseal list (e.g., the United States or most EU countries), you must apply instead for letters of administration with the foreign will annexed. Always confirm eligibility before preparing papers.
Legal Framework
- Probate Act 1890 (Qld) s 18 — empowers the Supreme Court to reseal grants proved in “Her Majesty’s dominions”.
- Uniform Civil Procedure Rules 1999 (Qld) pt 78 div 6 — sets out filing requirements, notice periods and affidavit forms.
- Supreme Court Practice Direction 3/2023 — provides current Registry preferences for e-lodgement and certified copies.
Reseal or Fresh Grant? – Quick Comparison
| Reseal | Fresh Queensland Grant | |
|---|---|---|
| When used | Original grant from an eligible jurisdiction | Original grant from ineligible jurisdiction (e.g., USA) |
| Key documents | Certified copy of foreign grant & will, affidavit of applicant, notice of intention | Original or court-certified will, full probate papers, witness affidavits |
| Typical time-frame | 3 – 6 weeks (if forms correct) | 6 – 12 weeks (as for standard probate) |
| Court filing fee | Lower (reseal category) | Standard probate filing fee |
| Advertising | Same 14-day online notice | Same 14-day online notice |
| When preferable | Property solely in QLD, simple estate | Complex local assets; foreign grant lacks administration powers you need |
Step-by-Step Reseal Process
Confirm eligibility and gather original documents
- Certified or court-sealed copy of the foreign grant (plus any double-sided pages).
- Certified copy of the foreign will and any codicils.
- Official death certificate.
- English translations by NAATI-qualified translators if originals are not in English.
Publish a Notice of Intention to Apply
- Use the Supreme Court’s online probate notice portal.
- Select “Reseal of Grant” in the dropdown menu.
- Wait the mandatory 14 days before filing.
Prepare affidavits and exhibits
| Form | Purpose |
|---|---|
| Affidavit of Applicant (Form 105R) | Identifies applicant, explains relationship to deceased, confirms grant unrevoked. |
| Affidavit of Publication & Search (Form 106) | Proves notice publication and Registry search for caveats/other grants. |
| Affidavit of Law (if required) | Occasionally requested for exotic jurisdictions to outline probate law and authenticity procedures. |
Each exhibit (grant, will, codicil, death certificate) must bear an exhibit certificate signed by both deponent and witness.
Lodge the application
E-lodge via the Court’s “Probate E-File” portal or file over-the-counter:
- Forms 105R and 106 (plus any Affidavit of Law).
- Certified grant and will.
- Filing fee (credit card or Registry cheque).
- One extra certified copy set for the Court file.
Respond to requisitions promptly
Common requisitions include:
- Missing court seal on the foreign grant.
- Affidavit dates earlier than the 14-day notice wait.
- Translations not signed by NAATI translator.
Reply within 14 days with a supplementary affidavit to avoid file closure.
Receive the resealed grant
Processing averages 3 – 6 weeks. The Registry returns:
- Original resealed foreign grant (now bearing the Queensland seal).
- Certified copy (if requested) for banks or Titles Queensland.
Dealing with Real Property After Reseal
- Obtain a Titles Queensland Form 5—Transmission Application citing the reseal.
- Lodge Form 5 with:
- Resealed grant (original or certified copy)
- Titles office fee
- Once registered, the executor may sell or transfer the property to beneficiaries.
Time-frames and Filing Fees (2025 Schedule)
| Item | Fee (AUD) |
|---|---|
| Supreme Court filing fee for reseal | $793.80 |
| Each e-lodged certified copy | $26.60 |
| Titles QLD Transmission Application | $207.00 |
Court fees index annually on 1 July—check current schedule.
Common Pitfalls and How to Avoid Them
| Pitfall | Consequence | Prevention |
|---|---|---|
| Using uncertified photocopies | Registry rejects filing | Obtain court-sealed or notarised copy from issuing court. |
| Swearing affidavits before 14-day notice period ends | Automatic requisition | Diarise earliest permissible swearing date. |
| Grant not current (revoked or superseded) | Reseal refused | Re-query issuing court for current, unrevoked grant. |
| Incorrect applicant | Only person named in original grant may apply, unless expressly renounced | File renunciation if original executor declines. |
Frequently Asked Questions
Does the original executor have to apply?
Yes—unless they first execute a formal renunciation that accompanies the reseal papers.
Can I reseal Letters of Administration, not probate?
Yes. The Court will reseal letters of administration (with or without the will annexed) from eligible jurisdictions.
What if the will is in French?
File a NAATI-certified English translation, exhibit both original and translation, and include a translator’s affidavit of accuracy.
Is a Queensland solicitor mandatory?
Not strictly, but strongly recommended—the Registry rejects many self-filed reseal papers for technical errors.
Do I need to publish a second notice for property sale?
No. Once the reseal issues, the executor may list property immediately—settlement can occur after title transmission.
Key Take-Aways
- A reseal gives the foreign executor full authority in Queensland without re-proving the will.
- Confirm the foreign grant comes from a jurisdiction the Supreme Court will recognise; otherwise, apply for a fresh local grant.
- Publish the online notice, wait 14 days, then lodge Form 105R and exhibits—certified, sealed and correctly translated.
- Respond rapidly to requisitions; most delays stem from missing seals or premature affidavit dates.
- After reseal, lodge a Transmission Application to deal with Queensland real estate and finish the administration.
Sources / Citations
- Probate Act 1890 (Qld) s 18 — resealing of foreign grants.
- Uniform Civil Procedure Rules 1999 (Qld) pt 78 div 6 — procedures for reseals.
- Supreme Court of Queensland, Probate Practice Direction 3/2023 — e-lodgement and certified-copy standards.
- Titles Queensland, Form 5—Transmission Application (2025).
- Queensland Courts, Probate Filing Fees Schedule (effective 1 July 2025).