Frequently Asked Questions

Probate is the legal process of proving a will is valid and authorizing the executor to administer the deceased's estate. In Queensland, the Supreme Court issues a "Grant of Probate" which gives the executor the legal authority to collect assets, pay debts, and distribute the estate according to the will.

Without probate, banks, share registries, and land titles offices generally will not release assets to the executor. Probate provides third parties with legal certainty that they are dealing with the rightful person.

Probate is typically required in Queensland when the deceased owned:

• Real estate (land or property) in their sole name
• Bank accounts exceeding certain thresholds (usually $15,000-$50,000, depending on the institution)
• Shares or managed investments
• Motor vehicles of significant value

Probate may not be required for jointly owned assets (which pass automatically to the surviving owner) or assets held in trust. Each financial institution has its own threshold for requiring probate, so it's worth checking with them directly.

Our fixed legal fee for probate is $825. The total investment is $1,806.60, which includes:

• Our legal fee: $825
• Supreme Court filing fee: $819.90
• Queensland Law Reporter advertising: $161.70

Most Queensland law firms charge $1,500-$3,000 for legal fees alone. Our $825 fixed fee saves you $733-$1,074 compared to typical market rates—that's 45-55% less than most competitors.

View our full pricing breakdown

The probate process typically takes 8-10 weeks from when you instruct a lawyer to receiving the grant. This timeline includes:

• Document preparation: 1-2 weeks
• Mandatory advertising period: 14 days (required by law)
• Court filing and processing: 4-6 weeks

The process can take longer if the Supreme Court issues requisitions (requests for additional information), if there are disputes, or if the estate is complex. By using experienced probate lawyers, you can avoid most delays by ensuring the application is prepared correctly the first time.

Yes, executors can apply for probate without a lawyer. However, the process involves strict procedural requirements, and mistakes can cause significant delays or rejection of your application. Common issues include:

• Incorrect affidavit preparation
• Errors in estate valuations
• Missing or incomplete documentation
• Advertising in the wrong publication

Many executors find that the cost savings of DIY probate are outweighed by the time, stress, and potential for delays. Our $825 fixed fee provides peace of mind that your application will be handled correctly.

To apply for probate in Queensland, you'll need:

• Original will (the court requires the original document)
• Death certificate (official copy)
• Executor identification (100 points of ID)
• Asset information including property valuations, bank account balances, share holdings, superannuation details, and other investments
• Liability information including debts, mortgages, and outstanding bills

We'll provide you with a comprehensive checklist when you engage our services and guide you through gathering everything needed.

There is no strict deadline to apply for probate in Queensland. However, there are good reasons not to delay:

• Assets cannot be accessed or distributed until probate is granted
• Property may deteriorate or incur ongoing costs
• Beneficiaries are waiting for their inheritance
• If 6 years pass without probate being obtained, additional court applications may be required

We recommend starting the process as soon as practical after the funeral arrangements are complete.

Letters of administration is the legal authority granted by the Supreme Court when someone dies without a valid will (intestacy), or when the executor named in the will cannot or will not act. The person granted letters of administration is called the "administrator" and has similar powers to an executor.

The administrator can then collect the deceased's assets, pay debts, and distribute the estate according to Queensland's intestacy rules (if there's no will) or according to the will (if the issue is simply that the executor can't act).

The key differences are:

• Probate is required when there IS a valid will and the named executor applies to administer the estate
• Letters of administration is required when there is NO valid will, OR when the executor named in the will cannot or will not act

Both grants serve the same practical purpose—authorizing someone to administer the estate. The application process is similar, though letters of administration requires demonstrating that the applicant has priority to apply (usually the spouse or next of kin).

Our fixed fee of $825 applies to both probate and letters of administration applications.

Queensland law establishes a priority order for who can apply for letters of administration:

1. Surviving spouse or de facto partner
2. Children of the deceased
3. Parents of the deceased
4. Siblings of the deceased
5. Other next of kin

If a higher-priority person doesn't wish to apply, they generally need to consent to someone lower in priority applying. Multiple administrators can apply jointly, but keep in mind they must act together for all decisions.

Letters of administration typically takes 6-12 weeks from when you instruct a lawyer. This is slightly longer than probate because:

• Queensland law prohibits a grant within 30 days of death (except in exceptional circumstances)
• Additional affidavit evidence may be required to establish priority
• If multiple people have equal priority, consent from others may be needed

As with probate, using experienced lawyers helps avoid delays from requisitions or incorrect documentation.

When someone dies without a will (intestate), Queensland's Succession Act 1981 determines how the estate is distributed. The general rules are:

• Spouse with no children: Spouse inherits everything
• Spouse with children from that relationship: Spouse inherits everything
• Spouse with children from another relationship: Spouse receives household chattels plus $150,000, then the remainder is split between spouse and children
• No spouse, but children: Children share equally
• No spouse or children: Parents, then siblings, then other relatives

These rules may not reflect what the deceased would have wanted, which is why having a properly drafted will is so important.

Our fixed fees for wills are:

• Single will: $599
• Couple (mirror wills): $799

This includes comprehensive will drafting, estate planning advice, and ensuring your documents meet all Queensland legal requirements. Many Brisbane solicitors charge $800-$1,500 for similar services.

Our wills are drafted by qualified solicitors—not paralegals or automated systems—ensuring they're tailored to your specific circumstances and will stand up to scrutiny if challenged.

While will kits are cheap, they can create expensive problems:

• Ambiguous wording that leads to disputes or unintended consequences
• Execution errors (witnessing requirements not properly followed)
• Missing provisions for common situations like beneficiaries dying before you
• No consideration of superannuation, family trusts, or jointly owned assets
• Vulnerability to challenges from family members left out

We regularly see estates where a homemade will has created complications that cost the estate far more in legal fees than a professionally drafted will would have. The savings from a will kit rarely justify the risk.

You should review your will whenever your circumstances change significantly, including:

• Marriage or divorce (note: marriage automatically revokes a will in Queensland unless made in contemplation of that marriage)
• Birth or adoption of children or grandchildren
• Death of a beneficiary or executor
• Significant changes in assets or financial circumstances
• Changes in relationships with beneficiaries
• Moving interstate or overseas

Even without major changes, it's good practice to review your will every 3-5 years to ensure it still reflects your wishes.

An enduring power of attorney (EPA) is a legal document that allows you to appoint someone to make financial and/or personal/health decisions on your behalf if you lose capacity to make those decisions yourself.

There are two types in Queensland:

• Financial matters: Authorizes your attorney to handle banking, property, investments, and other financial affairs
• Personal/health matters: Authorizes your attorney to make healthcare and lifestyle decisions

EPAs are an essential part of comprehensive estate planning. Without one, your family may need to apply to QCAT for a guardianship or administration order if you become incapacitated—a costly and time-consuming process.

Yes, you can leave anyone out of your will. However, certain people may be able to make a family provision claim against your estate if they believe they haven't received adequate provision. Eligible claimants in Queensland include:

• Spouse or de facto partner
• Children (including stepchildren and adopted children)
• Dependants
• Parents of the deceased

If you wish to exclude or limit provision for an eligible person, we can help you draft your will to minimize the risk of a successful challenge. This might include documenting your reasons, making lifetime gifts, or structuring your estate in particular ways.

Yes, if you're an eligible person and believe you haven't received adequate provision from the estate. The most common way to contest a will is through a family provision application, which asks the court to order that proper provision be made for you.

Eligible persons in Queensland include:

• Spouse or de facto partner (including same-sex partners)
• Children of the deceased (biological, adopted, or stepchildren)
• Dependants of the deceased

You don't need to prove the deceased did anything wrong—only that the provision made for you is inadequate given your needs and circumstances.

In Queensland, there are strict time limits for family provision applications:

• Notice: You must give notice of your intention to claim within 6 months of the date of death
• Filing: You must file your application with the Supreme Court within 9 months of the date of death

These deadlines are strictly enforced. While the court has discretion to extend time in some circumstances, you shouldn't rely on this. If you're considering contesting a will, seek legal advice immediately.

Contact us for a free case assessment

Yes. We offer no-win-no-fee arrangements for eligible family provision applications. This means you can pursue your inheritance rights without upfront legal costs—if your case is unsuccessful, you don't pay our legal fees.

We assess each case individually to determine eligibility for no-win-no-fee. Factors we consider include:

• Your relationship to the deceased
• Your financial circumstances and need
• The size of the estate
• The strength of your claim

Contact us for a free case assessment to discuss whether your matter is suitable for a no-win-no-fee arrangement.

Yes, estranged children can contest a will in Queensland. While estrangement is a factor the court considers, it doesn't automatically bar a claim. The court will examine:

• The reasons for the estrangement
• Who was responsible for the breakdown in the relationship
• Whether attempts were made to reconcile
• The child's financial needs and circumstances
• The size of the estate

Queensland courts have awarded provision to estranged children in many cases, particularly where the estrangement was caused or contributed to by the deceased, or where the child has significant financial need.

The cost of contesting a will varies depending on whether the matter settles or proceeds to trial:

• Settled matters: Most family provision claims settle through negotiation, typically costing $5,000-$15,000 in legal fees
• Contested hearings: If the matter proceeds to a full court hearing, costs can range from $20,000-$50,000 or more

With our no-win-no-fee option for eligible claims, you don't pay legal fees unless your claim is successful. This removes the financial barrier that prevents many people from pursuing legitimate claims.

In successful claims, the court often orders that your legal costs be paid from the estate.

Our fixed-fee pricing:

• Grant of Probate: $825 (legal fee only)
• Letters of Administration: $825 (legal fee only)
• Single Will: $599
• Couple Wills: $799
• Will Disputes: No-win-no-fee available for eligible claims

For probate and letters of administration, the total investment is $1,806.60 including court fees ($819.90) and advertising ($161.70). These statutory costs are the same regardless of which lawyer you choose.

View our complete pricing page

We keep our fees low through:

• Specialisation: We focus exclusively on wills and estates, allowing us to streamline our processes
• Volume-based model: Higher volume at lower margins benefits everyone

Lower fees don't mean lower quality. Every matter is handled by qualified solicitors with expertise in Queensland succession law. We've processed 500+ estates and know exactly what the Supreme Court requires.

No hidden costs. What we quote is what you pay.

For probate and letters of administration, there are mandatory government and advertising costs:

• Supreme Court filing fee: $819.90
• Queensland Law Reporter advertising: $161.70

These costs are the same regardless of which lawyer you use—they're set by the government and the publisher. We include them in our total investment figure ($1,806.60) so you know exactly what to expect.

For wills, there are no additional costs—the quoted fee is all-inclusive.

No. All our standard services are fixed-fee, so you know exactly what you'll pay before we start any work.

This means:

• No surprises when you receive your bill
• No hesitation to call us with questions
• No incentive for us to drag things out

For complex matters outside our standard services, we'll provide a detailed quote upfront so you can make an informed decision.

Getting started is easy:

1. Contact us via phone (07) 3073 2405, email, or our online form
2. Free assessment: We'll discuss your situation and confirm whether we can help
3. Same-day quote: We'll provide a clear, fixed-fee quote (usually within hours)
4. Engagement: If you proceed, we'll send engagement documents and a checklist of what we need
5. We handle the rest: We prepare all documents, lodge with the court, and keep you updated

Most clients receive their quote within a few hours of first contact.

For most matters, visiting our office is not required. We can handle probate, letters of administration, and many other matters entirely remotely via:

• Phone consultations
• Email and secure document sharing
• Electronic signatures where permitted

This is particularly convenient for clients on the Gold Coast, Sunshine Coast, or in regional Queensland.

For will preparation, we do recommend an in-person meeting to properly witness signature, though alternative arrangements can be made where necessary. We have offices in Milton (Brisbane) and the Sunshine Coast.

We have offices in:

• Milton, Brisbane: Level 1, 16 McDougall St, Milton QLD 4064
• Ashgrove, Brisbane: By appointment
• Sunshine Coast: By appointment

We serve clients throughout Queensland, including Brisbane, Gold Coast, Sunshine Coast, Ipswich, Toowoomba, and regional areas. Most matters can be handled remotely, so distance is rarely an obstacle.

Queensland's Succession Act provides protection to executors who wait 6 months from the date of death before distributing estate assets. This waiting period exists because:

• Eligible family members have 6 months to give notice of a family provision claim
• Creditors must notify of debts within this timeframe
• Unknown claims may emerge

If an executor distributes the estate before 6 months and a successful claim is later made, the executor may be personally liable to satisfy the claim from their own funds.

While there are circumstances where earlier distribution is appropriate (with appropriate protections), executors should generally wait or seek legal advice before distributing early.