Applying for probate in Queensland.
Until a grant of probate issues, a bank cannot release funds, Titles Queensland cannot register a transfer, and the executor cannot deal with most of the estate.
Probate is the mechanism that authorises an executor to act. Without a sealed grant, most institutions holding the deceased’s assets will not release them: the bank cannot pay out the accounts, Titles Queensland will not register the transmission of real property, the share registry will not transfer the holdings.
The grant is issued by the Supreme Court of Queensland. It is not a hearing in the adversarial sense. For most applications, the documents are examined on the papers by the Deputy Registrar of Probates, and the grant issues without anyone appearing in court. What the process requires is precision: the correct documents, properly sworn, filed in the right order, after the mandatory advertisement period has elapsed.
Where there is no valid will, or where the named executor cannot or will not act, the equivalent application is for letters of administration. The court process is similar; the supporting documents and priority rules differ.
Fraser Lawyers acts for executors on grants of probate and letters of administration, and advises on estate administration from the grant through to final distribution. The Principal, Blake Fraser, has been admitted as a solicitor of the Supreme Court of Queensland since 2013.
What happens after you are charged.
The governing framework.
These are the statutes and rules that govern probate and estate administration in Queensland:
- Succession Act 1981 (Qld). The principal Queensland statute governing wills, intestacy and estate administration. Part 2 sets the formal requirements for a valid will. Part 3 provides the statutory intestacy hierarchy in Schedule 2. Part 4 creates the family provision jurisdiction: s 41(1) gives the court power to order provision for a spouse, child or dependant, and s 41(8) sets the 9-month time limit. Sections 49 to 52A protect personal representatives who act in good faith.
- Uniform Civil Procedure Rules 1999 (Qld). Chapter 15 (rr 598 to 664) governs the non-contentious probate procedure in the Supreme Court of Queensland. Rules 603 to 628 set out the documents required, the advertisement obligation, the 14-day waiting period and the Registrar’s examination process. Rule 609 governs the order of priority for letters of administration. Rule 640 applies where a grant made in common form must be returned for solemn form proceedings.
- Public Trustee Act 1978 (Qld). Provides the Public Trustee of Queensland with authority to step in where no executor is able to act and the estate is at risk (s 29), to administer small estates (s 30), and to be appointed as trustee in place of an executor on the same application (s 31).
- Trusts Act 2025 (Qld). Commenced 28 April 2026, replacing the repealed Trusts Act 1973 (Qld). The most significant reform to Queensland trust law in fifty years. Applies to all Queensland trusts, including testamentary trusts and any executor holding estate assets as trustee for a minor beneficiary. Trustees now have powers equivalent to an absolute owner of trust property, subject to the Act and the trust instrument, and carry a general duty of care, diligence and skill.
- Legal Profession Act 2007 (Qld). Governs costs disclosure. All professional fees and disbursements for a probate matter must be disclosed in a costs agreement before work begins. Executor commission is a separate matter under the Succession Act 1981 (Qld).
How a probate application works in Queensland.
The procedure is in Chapter 15 of the Uniform Civil Procedure Rules 1999 (Qld). Most straightforward applications take four to eight weeks from initial preparation to receipt of the sealed grant.
- Locate and examine the original will. The court requires the original, not a copy. If it cannot be found, a separate application to prove a copy may be necessary. The will is examined to confirm formal validity and identify the named executor.
- Obtain the death certificate. A certified copy from the Queensland Registry of Births, Deaths and Marriages, or the equivalent registry if the death occurred interstate or overseas. Authentication steps apply for overseas deaths.
- Advertise the intention to apply. Before filing, the executor must publish a notice of intention in the Queensland Law Reporter. The notice must be published at least 14 days before the application is filed. It costs approximately $162 and puts creditors and interested parties on notice.
- Prepare and swear the supporting affidavit. The executor swears an affidavit covering the circumstances of the will, the deceased’s identity, the assets and liabilities of the estate, and confirmation of the executor’s entitlement to apply. This is where most of the preparation work is concentrated.
- File in the Supreme Court Brisbane registry. The current court filing fee is $820, subject to annual review. The Deputy Registrar examines the documents. Where everything is in order, the grant issues without a hearing.
- Act on the grant. Once the sealed grant is received, the executor uses it to access and transfer estate assets, discharge debts, and distribute to beneficiaries. Where assets are held for a minor, the executor’s obligations as trustee under the Trusts Act 2025 (Qld) continue.
Deadlines and risks.
There is no statutory deadline by which a grant must be applied for, but delay has practical consequences. Estate assets remain frozen until the grant issues. Interest continues to accrue on debts. Beneficiaries cannot be paid. If the deceased held real property, the title cannot move.
Two deadlines matter to executors regardless of when probate issues. The first is six months from the date of death: an executor who distributes before this point has elapsed, in the absence of circumstances justifying earlier distribution, does so at personal risk. The second is nine months: the window within which an eligible person may bring a family provision application under s 41(8) of the Succession Act 1981 (Qld). An executor who makes a full distribution before that window closes, without the protection of ss 49 to 52A, risks personal liability to a successful applicant.
A common point of confusion: the Queensland time limit for family provision is nine months from the date of death. New South Wales applies twelve months. The difference matters when administering a Queensland estate.
Scope of the work.
Grant of probate (testate estates)
Where the deceased left a valid will with a willing and capable executor, the appropriate application is for a grant of probate. The executor files in the Supreme Court Brisbane registry under Chapter 15 of the Uniform Civil Procedure Rules 1999 (Qld), lodging the original will, death certificate, supporting affidavit, and evidence of the prior advertisement. Most straightforward applications are determined on the papers without a hearing.
Letters of administration (intestate estates)
Where the deceased died without a valid will, or where there is a will but no executor is able or willing to act, the application is for letters of administration rather than probate. The distribution of the estate is then governed by the Part 3 intestacy rules in the Succession Act 1981 (Qld) and its Schedule 2 hierarchy, rather than the deceased’s expressed wishes. The priority of persons entitled to apply is set by UCPR r 609.
Executor duties and estate administration
The executor’s role does not end when the grant issues. Duties include securing and valuing assets, paying funeral costs and debts in the correct order, lodging any outstanding tax returns, notifying Titles Queensland and financial institutions, distributing to beneficiaries in accordance with the will, keeping accurate accounts, and rendering a full accounting to beneficiaries on request. Where assets are held for a minor, the executor takes on trustee obligations under the Trusts Act 2025 (Qld).
Family provision claims under s 41
A grant of probate does not prevent an eligible person from applying to the Supreme Court under Part 4 of the Succession Act 1981 (Qld) for an order that further provision be made from the estate. Eligible persons include the deceased’s spouse, children and dependants. The time limit is 9 months from the date of death: s 41(8). An executor who distributes before that period has elapsed, without first confirming no claim has been notified, risks personal liability to a successful applicant.
How Fraser Lawyers acts in these matters.
Fraser Lawyers does not make promises about how quickly or smoothly an estate will be administered. Estates that look simple sometimes are not, and the complications tend to surface after work has begun.
What the firm does is identify the correct application, prepare the supporting documents properly, manage the advertisement and filing process, and advise the executor throughout on their obligations and exposure. Where a family provision claim has been notified or is foreseeable, Fraser Lawyers advises executors on the implications before any distribution is made.
For executors dealing with real property, interstate assets, minor beneficiaries, or any suggestion of a contested estate, taking legal advice before acting is the most important step available.
The likely path.
Step 1 — Initial instructions.
You provide the will (if there is one), the death certificate, and a summary of what the estate contains. Fraser Lawyers identifies whether a grant is required and which type applies, assesses whether there are any obvious complications, and provides a costs estimate before any work begins.
Step 2 — Advertisement.
The notice of intention to apply is published in the Queensland Law Reporter. The mandatory fourteen-day waiting period begins from the date of publication. This step cannot be skipped or shortened.
Step 3 — Document preparation.
The supporting affidavit is prepared and sworn. This is the document that carries the most weight in the application: it must accurately describe the will, the deceased, the estate, and the executor's authority. Errors here cause delay or requisition from the registry.
Step 4 — Filing.
The application, affidavit, original will, death certificate, and advertisement evidence are filed in the Supreme Court Brisbane probate registry. The Deputy Registrar examines the documents. For a straightforward application, the grant typically issues within two to four weeks of filing.
Step 5 — Acting on the grant.
The sealed grant is used to access the estate's assets: presenting it to financial institutions, lodging a transmission application with Titles Queensland for real property, and contacting share registries. Each institution has its own process; most are straightforward once the grant is in hand.
Step 6 — Administration to completion.
Debts and liabilities are paid in the correct order of priority. Outstanding tax is attended to. Assets are distributed to beneficiaries according to the will. Accounts are prepared and provided to beneficiaries on request. Where a beneficiary is a minor, the executor's duties as trustee under the Trusts Act 2025 (Qld) continue until the trust ends.
Questions we hear often.
Plain-English answers to the questions clients tend to ask. If your question is not here, call us.
Get in touchDo I always need probate in Queensland?
Not always. Whether a grant is required depends on what assets the estate contains and how they are held.
Assets held in joint tenancy pass automatically to the surviving joint tenant by right of survivorship. They do not form part of the estate and no grant is needed. Superannuation paid directly under a valid binding death benefit nomination bypasses the estate entirely. Life insurance with a named beneficiary works the same way.
For assets held solely in the deceased’s name, the position depends on the type and value. Real property registered in the deceased’s sole name will almost always require a grant before Titles Queensland will register a transfer. Bank accounts and share portfolios: most institutions apply an internal threshold, typically between $20,000 and $50,000, below which they may release funds without a grant. Above that threshold, a sealed grant is required. It is worth making enquiries with the relevant institutions before committing to the application process.
How long does probate take in Queensland?
For a straightforward estate, four to eight weeks from initial preparation to receipt of the sealed grant is a reasonable expectation. The process has a built-in minimum: the notice of intention to apply must be published in the Queensland Law Reporter at least fourteen days before the application is filed. After filing, the Deputy Registrar typically takes two to four weeks to examine and approve the documents, depending on registry workload.
Complications that extend the timeline: the original will cannot be located; the death occurred overseas and the death certificate requires authentication; a caveat has been filed against the grant; or beneficiaries are disputing the will’s validity. There is no statutory deadline by which an application must be made, but delays mean the estate’s assets remain inaccessible, which has practical consequences for anyone waiting on a distribution.
What happens if there is no will?
If a person dies without a valid will, they die intestate. The estate is distributed according to the statutory hierarchy in Schedule 2 of the Succession Act 1981 (Qld), which prioritises the surviving spouse or de facto partner, then children, then other relatives in descending order. The deceased’s expressed wishes are irrelevant; the statute governs.
The application is for letters of administration rather than probate. The process is procedurally similar but differs in the supporting documents required and the priority rules for who may apply, set out in rule 609 of the Uniform Civil Procedure Rules 1999 (Qld). Dying without a will does not simplify administration. Proving the relevant family relationships takes additional time and cost, and whoever is appointed administrator takes on the same obligations as an executor would have had.
Can a will be challenged after probate has been granted?
Yes. A grant of probate in common form, which is the standard administrative grant, does not prevent a subsequent challenge to the will’s validity. A person with grounds to challenge may apply to the Supreme Court to have the will proved in solemn form, which involves a formal hearing at which the court determines validity. Rule 640 of the Uniform Civil Procedure Rules 1999 (Qld) governs that procedure.
Separately, eligible persons may bring a family provision application under s 41 of the Succession Act 1981 (Qld) regardless of whether probate has been granted. A family provision application does not challenge whether the will is valid; it challenges whether the provision made for the applicant is adequate. The time limit is nine months from the date of death: s 41(8).
How much does probate cost in Queensland?
The out-of-pocket costs are: the Supreme Court filing fee (currently $820) and the Queensland Law Reporter advertisement (currently approximately $162). Both figures are subject to annual revision and should be confirmed at the time of application.
Professional fees for preparing and filing the application vary with complexity. For a typical straightforward estate, legal fees commonly fall between $2,500 and $5,500 including GST. Estates with real property transfers, multiple beneficiaries, interstate assets, disputed wills, or family provision applications involve additional work and higher fees. All fees and disbursements are set out in a costs agreement before any work begins, as required by the Legal Profession Act 2007 (Qld). Executor commission, if charged, is a separate matter determined by agreement with the beneficiaries or by court order.
What is the time limit for a family provision claim in Queensland?
Nine months from the date of death: s 41(8) of the Succession Act 1981 (Qld). This is a point of frequent confusion. New South Wales applies a twelve-month limit. Queensland does not. An application filed after nine months requires the court’s leave, and obtaining leave is not straightforward.
Within the first six months of death, any eligible person intending to make a claim should give written notice of that intention to the executor. Section 44(3) of the Succession Act 1981 (Qld) protects an executor who distributes after nine months have elapsed from the date of death, provided no notice of an intended claim was received and distribution was made no earlier than six months after death. An executor who distributes too early, or who ignores written notice of a claim, risks personal liability to a successful applicant.
Should I use a solicitor or apply for probate myself?
Queensland law does not require an executor to engage a solicitor, and the Supreme Court provides forms and procedural guidance for lay applicants.
A self-managed application may be workable where the estate is small, the will is clear, there are one or two financial accounts only, all beneficiaries are adults in agreement, there is no real property, and there is no prospect of a family provision claim.
Legal assistance is worth considering where the estate includes real property; beneficiaries live interstate or overseas; any suggestion of a family provision claim exists; the will is informal, ambiguous, or multiple versions exist; there are grounds to question capacity or undue influence; or the estate includes business interests or complex financial structures. An executor who makes a mistake can be held personally liable to the estate.
Talk to Fraser Lawyers about your probate matter.
An initial call or email is the fastest way to understand whether we can assist and what the process involves. Fraser Lawyers is based at 86 Bundall Road, Bundall, and acts for executors across the Gold Coast and Queensland.
Visit us in Bundall.
Five minutes from Surfers Paradise, ten from Robina. On-site parking. Talk to us about your matter; we will tell you what we think and what the next step is.
- Office86 Bundall Road, Bundall QLD 4217
- Phone(07) 5554 6116
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