QLD Estate Administration

The two most common forms of estate administration in Queensland are:-

  1. a Grant of Probate; and
  2. a Grant of Letters of Administration on Intestacy.

Do I need Probate or Letters of Administration?

If a loved one has passed away in Queensland, you can use this simple rule of thumb:

  • if the deceased had a Will – apply for a Grant of Probate;
  • if the deceased did not have a Will – apply for Letters of Administration

Now, exceptions do apply to the above rule. For example, if the deceased made a Will but the Will doesn’t name anyone as Executor, you must apply for Letters of Administration with the Will.

To avoid delays, stress and expense of filing the incorrect application, contact a Qld Estate Administration Lawyer today for a free assessment of your circumstances. We’ll tell you which grant you need and will provide a fixed fee price for obtaining the Grant of probate or Letters of Administration.

Call us today on 07 3073 2045

What are the different types of Letters of Administration?

Different types of grant may be made:-

  • Letters of Administration on Intestacy (if someone dies without a valid will);
  • Letters of Administration with the Will annexed (if the Will doesn’t name an Executor, or the Executor doesn’t wish to act);
  • Letters of Administration de bonis non (if the Administrator dies before the administration is complete, another administrator may be appointed to complete the work);
  • letters of administration ad litem (a limited grant permitting the Administrator power to bring or defend litigation);
  • letters of administration pendente lite (a grant to an Administrator made on an interim basis. For example, where there is a dispute about who is the proper Administrator).

Is Probate or Letters of Administration always needed?

No, a grant is not compulsory if the assets in the estate are less than a threshold.

However, the Executor of a Will usually obtains probate to protect themselves from liability. If an Executor distributes estate assets without probate and a newer Will is found, they risk being personally liable for any loss suffered by the beneficiaries of the newer Will.

Find a QLD Estate Administration Lawyer near you

Contact Will and Estate Lawyers Australia today for a free assessment about whether you need probate, and a fixed fee quote for your estate administration.