Probate QLD - Queensland Grant of Probate

What is Probate in Queensland

Probate is the legal process of proving a person's Last Will is valid through the Supreme Court of Queensland. When someone dies with a Will, the executor named in the Will may need to obtain a grant of probate to access and distribute the deceased's assets. The grant is a court order that confirms the Will is valid and gives the executor legal authority to administer the estate in Queensland.

Many people believe probate is always necessary when someone dies, but this is a common misconception. Probate is actually only required when the deceased held property or assets that institutions will not release or transfer without a certified grant from the Supreme Court. Our Brisbane probate lawyers provide legal advice to help you understand whether your specific situation requires probate under Queensland law.

The probate grant serves several important functions in Queensland estates. First, it provides legal protection for executors who might otherwise face personal liability for distributing assets without proper authority. Second, it gives asset holders like banks and the land registry confidence that they're releasing assets to the right person. Third, it creates a public record of the deceased's Will and the appointment of the executor.

When is Probate Required in Queensland

A grant of probate is typically required in Queensland when the deceased owned certain types of assets. Real estate including houses, units, or land almost always requires probate before the property can be transferred or sold. The Land Titles Registrar in Queensland generally requires a grant before recording any change of ownership, though there are some limited exceptions.

Bank accounts and term deposits are another common reason for needing probate. While the threshold for releasing funds without probate is at the discretion of each bank, most Queensland financial institutions will release assets up to around $20,000-$25,000 without a grant. Above these thresholds, banks typically require the executor to obtain probate from the Supreme Court. We have successfully helped clients obtain releases for even higher amounts in some cases, but this varies by institution.

Shares in publicly listed companies generally require probate if the holding exceeds $10,000-$30,000, depending on the share registry's policies. Superannuation may or may not require probate - if there's a binding death benefit nomination naming beneficiaries, probate usually isn't needed. However, if the Will is the nominated beneficiary or there's no valid nomination, the superannuation fund may require probate.

Who Can Apply for Grant of Probate

The executor or executors nominated in the Will normally file the probate application with the Supreme Court of Queensland. This is the person or people the deceased chose to administer their estate. The Will should clearly name the executor and provide their contact details.

However, there may be occasions where the named executor cannot or will not apply for the grant. In these situations, it's possible to apply to the Supreme Court for a grant of letters of administration with the Will annexed. Such an application may be necessary where the executor named in the Will has died, the Will does not name an executor, or the named executor is unable or unwilling to carry out their duties and has renounced their right to apply.

At Will and Estate Lawyers Australia, our experienced legal team can review your circumstances and provide advice on whether you're eligible to apply for probate in Queensland. We help navigate complex situations where the standard executor appointment isn't straightforward. Contact our Brisbane office to schedule a free consultation with a probate lawyer today.

The Queensland Probate Process - Step by Step

The probate process in Queensland follows a specific procedure set by the Supreme Court. Understanding each step helps executors know what to expect and can prevent delays in obtaining the grant. Here's what's involved in the Queensland probate application process:

First, the executor must advertise their intention to file a Supreme Court application. This advertisement must be published in the Queensland Law Reporter at least 14 days before filing the application. This publication gives notice to anyone who might have an interest in the estate or wish to object to the grant being made.

At the same time, the executor must give notice to the Public Trustee of Queensland at least 7 days prior to filing. This notification is a legal requirement under Queensland law and the Public Trustee must be allowed time to review the application before it's filed with the court.

Next, the executor must prepare documents in the approved form for filing with the Supreme Court. These documents typically include the Application for Grant of Probate, an Affidavit of the Executor verifying the facts, and an Affidavit of Publication and Service proving the required notices were given. All documents must comply with the Supreme Court's rules and procedures.

The application and supporting documents are then filed at the Supreme Court Registry in Brisbane, along with the original Will and Death Certificate. When filing, the executor must pay the prescribed filing fee, which is $819.90 as of July 2025. The court registry may reduce this fee if the executor is experiencing financial hardship.

After filing, the executor should be ready to respond to any requisitions from the court registry. If the court identifies any issues or needs additional information, they will issue a requisition that must be answered promptly. Finally, once the court is satisfied that everything is in order, they will seal the grant and the executor can collect the sealed court documents.

How to Apply for Probate in Queensland - Detailed Guide

Applying for probate in Queensland requires careful attention to legal requirements and court procedures. The law and procedure in Australia varies between state Supreme Courts, so it's important to follow Queensland-specific requirements. Here's a comprehensive guide to the probate application process in QLD.

Step 1: Locate the Original Will

The first step is to locate the deceased's original Will. The Supreme Court requires the original document - a copy is not sufficient for a grant of probate. Check common storage locations including the deceased's home, safe deposit boxes, with their lawyer, or with the Will registration service. If you cannot locate the original Will, legal advice may be needed on alternative options.

Step 2: Obtain Death Certificate

Request an official death certificate from the Queensland Registry of Births, Deaths and Marriages. The court requires this as proof of death. Allow several weeks for processing, or request priority service if urgent.

Step 3: Advertise in Queensland Law Reporter

Place the required advertisement in the Queensland Law Reporter giving notice of your intention to apply for probate. This must be published at least 14 days before filing your application. The notice allows anyone with an interest in the estate to come forward.

Step 4: Notify the Public Trustee

Serve notice on the Public Trustee of Queensland at least 7 days before filing. This is a mandatory requirement and must be documented in your affidavit.

Step 5: Prepare Court Documents

Prepare all required documents in the proper form. This includes the Application for Grant of Probate, Affidavit of the Executor, and Affidavit of Publication and Service. These documents must be precisely worded according to Supreme Court requirements. Small errors can result in requisitions and delays.

Step 6: File at Supreme Court

Lodge your application at the Supreme Court Registry in Brisbane with the original Will, death certificate, and filing fee of $819.90. The registry will review your documents and either accept them for processing or issue requisitions if corrections are needed.

Step 7: Respond to Requisitions

If the court registry issues any requisitions requesting additional information or corrections, respond immediately. Delays in answering requisitions extend your timeline significantly.

Step 8: Collect Your Grant

Once approved, collect your sealed grant of probate from the court. You'll typically need multiple certified copies to send to different asset holders.

How Long Does Probate Take in Queensland

A grant of probate in Queensland is typically issued within 8-10 weeks from the date the executor provides all necessary information to their lawyer. While we can prepare the initial court documents within 24 hours of receiving instructions, the total timeline factors in several mandatory waiting periods.

The Queensland Law Reporter only publishes once per week, which means executors must plan around publication deadlines. After the notice is published, there's a mandatory two-week waiting period before filing the application. This gives interested parties time to come forward. Then, after filing with the Supreme Court, it typically takes 4-6 weeks for the court registry to process the application and issue the grant.

The probate process can take much longer if the Supreme Court issues requisitions. A requisition is a request from the court registry for additional information, corrections, or clarification. Common requisitions arise from errors in the application documents, missing signatures, or issues with the Will itself. By hiring probate lawyers who understand Queensland Supreme Court requirements, you can avoid most requisitions and ensure your application is done right the first time.

Some factors that can extend the Queensland probate timeline include delays in obtaining the death certificate, difficulty locating the original Will, multiple executors who need to coordinate signatures, complex estate situations, or challenges to the Will. Our legal team works to minimize delays and keep the process moving as quickly as possible.

How Much Does Probate Cost in Queensland

The total cost of obtaining probate in Queensland includes three components: legal fees, Supreme Court filing fees, and advertising costs. Understanding each component helps executors budget appropriately for the estate administration process.

Our Legal Fees - Fixed Price $825

Our fixed legal fee for preparing and lodging a standard probate application in Queensland is $825 plus GST. This fee includes all legal advice, document preparation, managing the Queensland Law Reporter advertisement, notifying the Public Trustee, filing the application, and liaising with the Supreme Court registry. This transparent, fixed-fee approach means no surprise hourly billing or hidden costs.

Typical Queensland law firms charge between $1,500 and $3,000 or more for probate services, often billing by the hour which creates uncertainty about final costs. Our $825 fee represents savings of 45-55% compared to market rates, making professional legal services accessible to more families.

Supreme Court Filing Fee - $819.90

The Supreme Court of Queensland charges a filing fee of $819.90 for probate applications (effective July 2025). This fee is paid directly to the court when lodging the application. The court may reduce or waive this fee if paying would cause financial hardship to the executor or estate.

Advertising Costs - $161.70

Publication in the Queensland Law Reporter costs approximately $161.70. This is a mandatory requirement - the executor must advertise their intention to apply for probate at least 14 days before filing.

Total Investment

All probate costs are paid from the deceased's estate, not from the executor's personal funds. The executor is entitled to be reimbursed for any amounts they pay from their own pocket. These legal and court costs are considered proper estate expenses under Queensland law.

What Happens After Probate is Granted in Queensland

Once you receive the grant of probate from the Supreme Court, you gain legal authority to administer the deceased's estate. However, obtaining the grant is just the beginning - executors have numerous obligations and duties they must fulfill under Queensland law.

With the probate grant in hand, the executor can now access bank accounts and financial assets that were previously frozen. Banks will typically require a certified copy of the grant before releasing funds. The executor can also sell or transfer real estate, pay outstanding debts and taxes, and eventually distribute assets to beneficiaries according to the Will.

It's important to understand the recommended timeline for distributions. In Queensland, executors should wait 6 months after the date of death before distributing estate assets. This waiting period protects executors from personal liability if a family provision claim is filed. Under Queensland law, eligible persons have up to 6 months from death to file a claim contesting the Will. An executor who distributes assets before 6 months may be held personally liable if a successful claim is later made.

Most family provision claims in Queensland are made by a child, spouse, or guardian of a child under 18 years old. These claims allege that the Will does not make adequate provision for the claimant. Even if you believe no one will contest the Will, waiting the full 6 months is the safe option to protect yourself as executor.

Executor Checklist Queensland - Your Complete Guide

As executor of a Queensland estate, you have significant responsibilities and duties under the law. This comprehensive executor checklist helps ensure you fulfill all obligations properly. Courts expect executors to retain legal advisors to help lawfully administer estates, and costs for these services are paid by the estate.

Immediate Responsibilities

• Arrange the funeral and pay funeral expenses (you're entitled to reimbursement from the estate if you pay from personal funds)
• Secure and protect all estate assets, including changing locks if necessary
• Arrange insurance coverage for all property and assets
• Contact the bank regarding mortgage repayments and cancel credit cards
• Notify relevant parties and government entities of the death including Centrelink, local council, utilities, and subscription services

During Probate Process

• Locate the original Will and death certificate
• Identify all estate assets and obtain current valuations
• Determine all debts, liabilities and fees owing at date of death
• Apply for grant of probate through the Supreme Court
• Keep detailed records of all estate transactions

After Grant is Issued

• Collect all assets using certified copies of the grant
• Pay all valid debts and liabilities of the estate
• Complete any outstanding tax returns and file final return
• Prepare estate accounts showing all receipts and payments
• Wait 6 months from death before making distributions
• Distribute possessions, property and residue to beneficiaries per the Will
• Obtain releases from beneficiaries acknowledging receipt of their inheritance

Ongoing Obligations

• Defend the estate if any challenges or disputes arise, including attending mediation or trial
• Act in the best interests of all beneficiaries
• Avoid conflicts of interest
• Keep beneficiaries reasonably informed of progress
• Maintain accurate records and accounts

Most executors are unaware they may be held personally liable for improperly distributing estate assets. The good news is you're not alone in this process. Queensland courts expect executors to retain lawyers to help lawfully administer estates. The legal costs for these services are paid by the estate and won't affect your entitlement to executor's commission.

Public Trustee Requirements in Queensland

When applying for probate in Queensland, executors must give notice to the Public Trustee of Queensland. This is a mandatory legal requirement that must be completed at least 7 days before filing the probate application with the Supreme Court. The notice gives the Public Trustee an opportunity to review the application and raise any concerns.

The Public Trustee is a statutory office that provides estate administration services and has a role in overseeing certain aspects of Queensland probate law. By requiring notice to the Public Trustee, the law provides an additional layer of oversight to protect beneficiaries and ensure proper estate administration.

The executor's affidavit filed with the Supreme Court must specifically address that proper notice was given to the Public Trustee within the required timeframe. Failure to provide this notice, or providing notice less than 7 days before filing, will result in a requisition from the court and delay your application.

Our probate services include managing the Public Trustee notification requirement on your behalf, ensuring compliance with all Queensland legal requirements and avoiding unnecessary delays in your application.

Resealing Probate Grants in Queensland

If the deceased had property in Queensland but you've already obtained a grant of probate from a court in another Australian state (NSW, Victoria, ACT, South Australia, Western Australia, Northern Territory or Tasmania), you'll need to reseal that grant in Queensland. Similarly, grants from certain overseas jurisdictions can also be resealed.

Resealing is the process of having the Supreme Court of Queensland formally recognize and adopt a grant made by another jurisdiction. Once resealed, the grant has the same effect in Queensland as if it had been originally issued by the Queensland Supreme Court. This allows the executor to deal with Queensland assets using the resealed grant.

The court process and costs for resealing are similar to applying for an original grant of probate in Queensland. The executor must file an application for reseal along with a certified copy of the original grant, affidavit evidence, and pay the required filing fee.

If you're a personal representative who obtained a grant in another state and need to reseal it in Queensland to deal with property here, contact us for a free 30-minute consultation. We can guide you through the reseal process and answer your questions about Queensland court procedures.

Supreme Court Will Search

Are you looking for a lost Will in Queensland? It's important to understand that Queensland's policies regarding Wills differ from some other Australian states. The Supreme Court of Queensland registry does not routinely hold Wills. The only Wills held by the court are those that have already been admitted to probate or annexed to an application for letters of administration.

This means that if you're searching for a Will that hasn't yet been through the probate process, it won't be found in the Supreme Court registry. However, if you believe a Will may have previously been probated, you are entitled by law to apply for a copy by paying the required search and copy fees.

If you're unable to locate the deceased's original Will, there may be other options available depending on your circumstances. Legal advice can help you understand alternatives such as searching the Will registration service, contacting lawyers who may have held the Will, or in some cases, applying for letters of administration if no Will can be found.