If someone close to you has passed away and you’ve been named as the executor of their estate, one of the first questions you’ll face is whether you need to apply for probate. The short answer: in Queensland, probate is usually needed when the deceased held assets solely in their name — particularly real property, bank accounts over certain thresholds, or shares. Our fixed $1490 legal fee covers the entire probate application through the Supreme Court.
There is no legal requirement that probate be procured for every estate. Some smaller estates can be administered without a court application at all. But understanding where the line falls — and what happens if you get it wrong — can save you months of delays and thousands of dollars in complications.
This guide walks you through the specific situations where probate is required in Queensland, when you can skip it, and what to do if you’re not sure.
What Probate Actually Does for an Executor
A grant of probate is an official document from the Supreme Court of Queensland confirming that the deceased person’s will is valid and that you, as the executor named in that will, have the legal authority to deal with the estate’s assets.
Without this grant, most institutions will refuse to release assets held in the deceased’s name. Banks won’t close accounts. The Titles Office won’t transfer property. Share registries won’t recognise your authority to sell or transfer holdings. The grant essentially acts as your proof — to every institution holding the deceased’s assets — that you have the legal right to collect, manage, and distribute the estate.
Probate also protects you personally. As executor, you carry a significant legal responsibility. If you distribute assets without proper authority and something goes wrong — a creditor emerges, a beneficiary challenges the will, or a family provision application is filed — you could face personal liability. Obtaining probate through the Supreme Court provides a layer of legal protection that informal estate administration simply doesn’t offer.
When Probate Is Required in Queensland
Probate is required in QLD whenever the deceased held assets that are substantial and solely in their name. The key factor isn’t the total value of the estate — it’s how individual assets are held and what thresholds the institutions managing those assets apply.
Here are the most common situations where you’ll need to obtain probate:
Real Property Held Solely in the Deceased’s Name
If the deceased owned land or property in Queensland solely in their name — not as joint tenants with another person — you will need a grant of probate before the property can be transferred or sold. The Titles Office (now Titles Queensland) requires a certified copy of the grant before they’ll process any transfer of the property into a beneficiary’s name or allow a sale to proceed.
This applies even if the property is the only significant asset in the estate. There’s no minimum property value threshold. If it was held solely by the deceased, you need probate.
Bank Accounts Above Institutional Thresholds
Each bank sets its own threshold for when it requires a grant before releasing funds. For most major Australian banks, the threshold sits around $25,000 to $50,000, though some smaller banks may release lower amounts without a grant. If the deceased had multiple bank accounts, each institution assesses its own holdings separately.
In practice, if the deceased had a house and any bank accounts of substance, you’ll almost certainly need probate. Even if a single account falls below the threshold, banks may still request a grant if the total relationship balance (across all accounts with that bank) exceeds their limit.
Shares and Investment Holdings
Share registries and managed funds typically require a grant of probate before they’ll transfer or sell holdings registered in the deceased’s name. Most registries apply thresholds of $10,000 to $30,000, though the exact figure varies by registry. ASX-listed shares almost always require a grant if the portfolio has any meaningful value.
Superannuation is slightly different. If the fund has a valid binding death benefit nomination, the proceeds may be paid directly to the nominated beneficiary without probate. If there’s no valid nomination, the trustee decides — and they may request a grant as part of that process.
Motor Vehicles and Other Registered Assets
Motor vehicles registered in the deceased’s name can sometimes be transferred without probate in Queensland, depending on the value and the specific requirements of the Department of Transport and Main Roads. However, if the vehicle is one of several solely held assets requiring a grant for other reasons, it’s generally handled as part of the broader estate administration.
Life insurance policies with a named beneficiary typically pay out directly without a grant. But policies payable to “the estate” will require probate before the insurer releases the proceeds.
When You Might Not Need Probate
Not every estate requires a court application. Understanding the exceptions can save executors time and money.
Jointly held property. If the deceased and another person held real estate as joint tenants (not tenants in common), the property passes to the surviving owner through the right of survivorship. You won’t need probate for that asset, but the surviving owner still needs to lodge a transmission application with the Titles Office — along with a certified copy of the death certificate — to have the title updated into their sole name.
Small bank balances. If all assets owned by the deceased were bank accounts below each institution’s threshold (generally under $25,000 per bank), some families are able to administer the estate informally using a death certificate, the will, and identification.
Assets with named beneficiaries. Superannuation with a valid binding nomination, life insurance payable to a named person, and jointly held bank accounts typically pass outside the estate entirely. They don’t form part of the deceased estate that the executor administers.
Very small estates. Where the deceased’s solely held assets are minimal — perhaps a small bank balance and personal belongings — it may not be practical or necessary to apply for probate. That said, administering an estate without a grant carries risk, and executors should get legal advice before deciding to skip the application.
The Grey Area — Common Scenarios That Confuse Executors
Some situations aren’t straightforward, and this is where executors often get stuck.
The house is jointly held but the bank accounts are large. If the deceased and their spouse owned the house as joint tenants, the property passes automatically. But if the deceased also had $80,000 in a bank account solely in their name, you’ll still need probate to access those funds.
The will is old or informal. Even if the will looks valid to you, a bank or the land court may require the Supreme Court to confirm its authenticity before releasing assets. Homemade wills, wills with corrections or alterations, and wills without proper witnessing are all situations where institutions often insist on a grant.
Disputes among beneficiaries. If there’s any disagreement about the will’s validity or the executor’s conduct, obtaining probate creates a formal record that protects the executor. Queensland courts expect executors to act properly, and a grant provides the framework for accountable administration.
The deceased had assets in multiple states. A Queensland grant of probate may need to be resealed in other states if the deceased owned property or held significant assets in NSW, Victoria, or elsewhere. The Queensland application is your starting point, but you may need additional grants depending on where assets are located.
What Happens If You Don’t Apply for Probate When You Should
The consequences of skipping probate when it’s required range from inconvenient to financially devastating.
The most immediate problem: asset holders won’t cooperate. Banks will freeze the deceased’s accounts. Property can’t be sold or transferred. Share registries won’t recognise your authority. The estate sits in limbo while bills accumulate, property maintenance costs mount, and beneficiaries wait.
Worse, if you distribute assets without proper legal authority and a creditor or claimant comes forward later, you could be personally liable to repay those amounts. Family provision applications under the Succession Act 1981 (Qld) can be lodged up to nine months after death, and if you’ve already distributed the estate without a grant, you may find yourself personally responsible for satisfying the claim.
The cost of a late probate application is the same as an on-time one — but the delays, complications, and potential legal exposure in the interim can be significant.
The Queensland Probate Application Process
If you’ve determined that probate is required, here’s what the application involves:
The executor (or their solicitor) prepares the necessary court documents, including the application form, an affidavit, and the original will. Notice of the intended application is then advertised in the Queensland Law Reporter to give potential claimants the opportunity to come forward.
After a 14-day advertising period, and assuming no caveats or objections are filed, the application is lodged with the Supreme Court of Queensland. The court reviews the application and, if everything is in order, issues the grant of probate. The typical timeline from lodgement to grant is 4 to 8 weeks, though the advertising period adds a further two weeks before lodgement can occur.
The total cost of a standard probate application with our firm is $2,471.60, which breaks down as: $1490 fixed legal fee, $819.90 Supreme Court filing fee, and $161.70 for the Queensland Law Reporter advertisement. The legal costs are paid by the estate — not from the executor’s personal funds.
Once you have the grant, you can present it to banks, the Titles Office, share registries, and other institutions to take control of the deceased estate’s assets and begin the process of paying debts and distributing to beneficiaries.
Probate vs Letters of Administration — Which Do You Need?
Probate and letters of administration both achieve the same practical result: they give someone legal authority to administer a deceased estate. The difference comes down to whether the deceased left a valid will.
If there’s a valid will naming an executor, you apply for a grant of probate. If the deceased died without a will (intestate), or the will doesn’t name an executor who is willing and able to act, you apply for letters of administration. In the case of intestacy, the administrator must distribute the estate according to Queensland’s succession laws rather than any personal wishes.
The application process and our $1490 fixed fee are identical for both. If you’re unsure which application applies to your situation, our estate lawyers can assess your circumstances and confirm the right path forward.
Frequently Asked Questions
Is there a minimum estate value for probate in Queensland?
No. The Supreme Court of Queensland doesn’t set a minimum estate value for probate applications. Whether you need a grant depends on the types of assets in the estate and the requirements of the institutions holding those assets, not the total value. In practice, most estates with real property or bank accounts above $25,000 held solely in the deceased’s name will require a grant.
How long does probate take in QLD?
Most probate applications in Queensland take 4 to 8 weeks from lodgement to the court issuing the grant. Before lodgement, there’s a mandatory 14-day advertising period, so the total process from start to finish is typically 6 to 10 weeks. Delays can occur when the court raises requisitions about the documents, when there’s a caveat filed against the estate, or when the original will can’t be located.
Can the executor access bank accounts before probate is granted?
Generally, no. Most banks will freeze the deceased’s accounts once they’re notified of the death. Some banks allow limited access for funeral expenses (usually up to $15,000) upon presentation of a death certificate, but full access requires the grant of probate. This is one of the reasons timely lodgement of the probate application matters — the sooner you apply, the sooner you can access the estate’s funds.
What if the deceased owned property as joint tenants — do I still need probate?
If the property was held as joint tenants, it passes to the surviving owner through the right of survivorship, and probate isn’t needed for that asset. The surviving owner will still need to lodge a transmission application with the Titles Office to update the title. However, if the deceased also had other solely held assets (bank accounts, shares, other property held as tenants in common), you may still need to obtain probate for those assets.
How much does probate cost in Queensland?
The total cost for a standard probate application in Queensland is $2,471.60. This includes our fixed $1490 legal fee, the Supreme Court filing fee of $819.90, and the Queensland Law Reporter advertisement of $161.70. All costs are paid from the estate. This compares to typical market rates of $1,500 to $3,000 for the legal fee alone.
What happens if the executor doesn’t apply for probate?
If probate is required and the executor doesn’t apply, the estate effectively stalls. Asset holders won’t release funds, property can’t be sold or transferred, and debts can’t be properly settled. In some cases, beneficiaries or other interested parties can apply to the court to compel the executor to act, or to have someone else appointed to administer the estate.
Not sure whether the estate you’re administering requires probate? Call us on (07) 3103 9846 to discuss your situation, or request a callback through our probate services page. Our $1490 fixed legal fee means you know exactly what the estate will pay — no hidden costs, no hourly rates.
