At Will and Estate Lawyers Australia, we help Queenslanders administer estates every day.
In this guide you will learn everything you need to know about the law around Probate in Qld.
Our fixed fee service for a Grant of Probate QLD costs $825 (EOFY Special) + outlays of $981.60 for filing fees and advertising (we charge no markup or administration fees). If you need help administering a deceased estate ask about our deferred payment solutions to help ease the burden at a difficult time. Call us today on 07 3073 2405 or click here to leave your contact details.
What is a Grant of Probate?
Probate is the process of proving a person’s Last Will is valid. It’s issued by the Supreme Court of Queensland. The Executor of a will may probate to protect themselves from liability for distributing property without proper authority.
Why do you need it?
The Grant is evidence of an Executor’s entitlement to receive estate assets so he or she may distribute the assets to the beneficiaries.
Many asset-holders will not release assets without receiving proof of the Executor’s right to receive the assets in the form of a Grant of Probate.
When is it required?
A common question is when is probate necessary in Qld? After all – who likes wasting money?
Probate is required if the deceased held assets which will only be released or transferred to the Executor with a certified grant. These typically include a house, unit or land, bank accounts / term deposits, shares, nursing home deposits or to access tax refunds from the Australian Taxation Office.
Probate is not always required to access and distribute an asset. If individual funds are below a threshold, the institution holding the asset (banks, credit unions etc) may release funds without it. The threshold for releasing an asset without probate is at the discretion of the bank. However, in most cases if the value is less than $20,000 upon receiving a formal request the bank will release funds. We have helped clients to obtain a release of assets for even higher amounts.
Is there any asset threshold?
The threshold for probate in Qld depends on the asset-holder. Most banks, for example, will require probate where there is a bank account exceeding $25,000.
How much does probate cost in Qld?
The Supreme Court of Queensland charges a fixed fee for Probate applications which is $819.90 as of 1 July 2025.
In addition mandatory advertising costs $161.70.
The total cost of probate in Queensland with a solicitor may range from $2000 to $5000 or more.
Here at Will and Estate Lawyers Australia we offer a fixed fee of $1,806.60 for a grant of probate ($825 legal fees + $981.60 for filing fees and advertising).
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QLD Probate FAQs
How long after probate can funds be distributed Qld?
In Queensland, the Succession Act provides that Estates should not be distributed within six months from the date of death to provide time for claimants to lodge or give notice of any claims they might have. Any executor who distributes assets before 6 months have passed may be held personally liable for breach of trust if a claim is made against the estate.
How long does probate take?
As soon as we receive your instructions, we arrange for the advertisements to be placed which must run for 2 weeks before filing. After the application is filed, the Court typically takes 3 – 4 weeks for probate to be granted depending on how busy the registry is. If there are any problems with your application, our team will advise you exactly how to correct the requisition fast.
What happens next?
Once Probate has been granted, the Executor must used a certified copy of the Grant to collect the deceased’s assets and take steps to pay any debts including income tax owed by the deceased.
After funeral expenses are paid, the Executor is entitled to claim any expenses relating to the administration of the Estate before other debts are paid.
An executor’s duties are complex and vary depending on the circumstances of the estate. Check out our executors checklist QLD for some of the tasks to complete.
As executors may be held personally liable for incorrectly administering the estate, it is always best practice to have a solicitor help you administer the estate in accordance with the will and law. This expense is paid from the estate (not personally by the executor) and won’t affect your claim for executor’s commission.
Who does probate?
We do! Probate lawyers like the team here at Will and Estate Lawyers Australia help you get it from the Supreme Court.
Process of How to apply
The law and procedure in Australia varies between State Supreme Courts. Applying for Probate in Queensland involves these steps:-
Total Time:
Advertise the Executor’s intention to file a Supreme Court application in the Queensland Law Reporter at least 14 days prior to filing.
Give notice to The Public Trustee at least 7 days prior to filing.
Prepare documents in their approved form for filing with the Supreme Court of Queensland. These include the Application, Affidavit of the Executor, and Affidavit of Publication & Service.
File the Application and supporting documents at the Supreme Court Registry together with original documents. When you file you must pay the prescribed filing fee per the Supreme Court’s rules.
The Executor should be ready for any requisitions made by the Registry and respond promptly.
Collect the sealed Court documents.
The Supreme Court filing fee an Application for Probate as of 1 July 2025 is $819.90. The Court Registry may reduce the filing fee if you’re experiencing financial hardship or believe paying the fee will cause financial hardship.
How much is Probate in NSW
If you have an estate in NSW, we can help you obtain a grant. The cost is more expensive than in QLD. The filing fee alone can be up to 8 x more expensive.
The filing fee for a grant of probate in NSW as of 1 July 2021 is as follows:
Probate (less than $100,000) $0.00
Probate ($100,000 or more, but less than $250,000) $772.00
Probate ($250,000 or more, but less than $500,000) $1,048.00
Probate ($500,000 or more, but less than $1,000,000) $1,607.00
Probate ($1,000,000 but less than $2,000,000.00) $2,141.00
Probate ($2,000,000 or more but less than $5,000,000.00) $3,568.00
Probate ($5,000,000 or more) $5,948.00
Do I need to wait until after the funeral?
You can apply for probate before a funeral. Certain advertisements must be placed and run for two weeks before you can even file, so we can get to work right away.
