An executor is responsible for identifying estate assets, dealing with debts and tax obligations, and distributing the estate in accordance with the will and applicable law. Probate is the Supreme Court of Queensland process that confirms the will and the executor’s authority to administer the deceased estate.
Not every estate needs probate. Where a grant is required, the executor must follow the court’s application process before addressing the wider administration of the estate. This guide explains the Queensland probate process, including the notices, forms, fees, common delays and matters to consider before distributing assets.
What probate is, and when it is required in Queensland
Probate is a grant issued by the Supreme Court of Queensland confirming that a will has been proved and authorising the named executor to administer the estate. The Queensland Supreme Court also issues grants of letters of administration when there is no valid will, or where an executor named in a valid will cannot or will not act.
- Grant of probate: generally issued to an executor appointed under a valid will.
- Letters of administration with the will: generally issued where a valid will exists but an executor cannot or will not act.
- Letters of administration on intestacy: generally issued where there is no valid will.
A grant is often required because an asset holder nominates a grant as a precondition to releasing or transferring an asset. There is no single statutory dollar threshold applying to every estate. Banks, share registries and other asset holders may have different documentary requirements. The appropriate course of action is to check with the organisation concerned as to their requirements to assess the need for a grant.
A grant may not be needed for small balances, depending on the institution, or to deal with property held as joint tenants that passes to the surviving owner. Solely owned real property and significant financial holdings are more likely to require a grant to enable the administration of the estate to proceed. Ownership arrangements should be checked by an executor before deciding whether to apply for a grant.
RedeMont’s estate administration and probate lawyers can review the estate’s assets and advise whether a grant may be required and what steps are appropriate.
Step 1: confirm who can apply
For a grant of probate, the applicant is generally the executor named in the will. Where several executors are appointed successively, the application arrangements depend on who is able and willing to act and the applicable court rules. If no named executor can act, the appropriate application may instead be for letters of administration with the will.
Before starting any application, it is important to check whether the document is the deceased’s latest will, whether there are any codicils (additions or addendums to a Will) and whether there are questions about its signing or condition. If a will or codicil is damaged, additional evidence as to the reason for its damage may be required. Other unusual circumstances can also require additional evidence to be provided with the grant application.
Step 2: gather the application documents and estate records
A standard probate application ordinarily requires the original will (and any codicil/s), a certified copy of the death certificate and the relevant court forms and affidavits. The Court may ask for additional information depending on the circumstances.
Separately, the executor should compile an inventory of estate assets and liabilities, including bank accounts, real property, investments, business interests and known debts. Superannuation and life insurance arrangements should also be investigated, without assuming those benefits form part of the estate. These records assist with later tax, creditor and distribution steps even if they are not required as part of the probate application.
Step 3: publish the notice of intention to apply
An applicant must publish a notice of intention to apply for a grant in the Queensland Law Reporter using Form 103 and provide a copy to the Public Trustee. The probate application cannot be filed until at least 14 days after publication and at least seven days after the Public Trustee receives the notice. These periods may overlap, but both must be satisfied before lodgement.
The Queensland Law Reporter’s listed publication fee is $161.70 including GST as at October 2026. Keep evidence of publication and service for the affidavit required with the application. This notice is distinct from a notice of intention to distribute under the Trusts Act 2025 (Qld).
Step 4: prepare and file the probate application
For a standard probate application, Queensland Courts lists the following documents:
- Form 101 – application for probate/letters of administration with the will.
- Form 105 – affidavit supporting the probate application, with required exhibits.
- Form 47 – certificate of exhibit.
- Form 104 – affidavit of publication and service, with a copy of Form 103 and the relevant evidence.
- The original will and any codicil/s.
- Form 111 or other supporting affidavits where the will is damaged or additional explanation is needed.
The Court requires its forms to be completed electronically rather than handwritten. Legal practitioners can use the designated electronic lodgement service; self-represented applicants should follow the current Queensland Courts filing instructions. The registry may issue a requisition requesting corrections or additional information, which must be addressed before a grant is issued.
From 1 July 2026, the Supreme Court filing fee for an application for probate or letters of administration is $847.60. Additional fees may apply for certified documents if these are requested. Queensland Courts updates its fee schedule periodically, commonly from 1 July.
Step 5: collect assets and address creditor claims
Once a grant is issued, the executor can provide it to banks and other institutions that require evidence of authority to deal with estate assets. Administration includes locating and collecting property, recording liabilities, communicating with beneficiaries and preparing for distribution.
An executor may publish a notice of intention to distribute under section 135 of the Trusts Act 2025 (Qld). The notice invites people with claims against or to the property to submit details by a stated closing day, at least two months after publication. Section 136 provides protection in specified circumstances where property is distributed after that date without notice of a claim. Known claims still need to be addressed, and the legislation preserves certain remedies against recipients of distributed property.
The two-month period should not be confused with the separate notice required before applying for probate. Executors should consider whether a distribution notice is appropriate and obtain advice where debts, competing entitlements or unresolved claims are involved.
Step 6: check tax obligations and consider distribution
Before distributing assets, the executor should establish whether a final individual income tax return is required for the deceased and whether the deceased estate must lodge any trust tax returns. A deceased estate may receive taxable income, including interest, rent, dividends or capital gains. Not every estate needs every type of return. The ATO warns that personal liability for unpaid tax can arise where an executor distributes estate assets without adequately providing for tax obligations.
Capital gains tax treatment depends on the asset and the circumstances. An inherited home may qualify for a full or partial main residence exemption, including under the two-year disposal rules or where an extension applies. The two-year rule is not the only pathway to an exemption. Executors should check the relevant cost-base and exemption provisions before selling or transferring significant assets.
Distribution timing also depends on debts, tax, the terms of the will and possible family provision claims. Under section 44 of the Succession Act 1981 (Qld), certain protections apply to distributions made at least six months after death without notice of a relevant claim or intended claim. Different conditions apply after notice has been received, including a nine-month period and whether proceedings have commenced. These periods do not impose a universal prohibition on earlier distributions, but there can be implications for the executor if earlier distributions are made.
An executor should not treat the grant itself as approval to distribute immediately. Where a family provision claim is threatened or commenced, estate dispute advice may be appropriate before any payment is made.
How long does probate take in Queensland?
The time needed to obtain probate in Queensland depends on the required notice periods, the Supreme Court registry’s processing time and whether the application requires further evidence. Queensland Courts does not publish a fixed timeframe for every grant. However, as a rough guide, a period of 2-3 months should be allowed for the grant process to be implemented. The application stage is separate from the administration work that follows.
Once the grant is issued, the executor may still need to sell property, resolve debts, complete tax reporting and consider claims before distributing. The Public Trustee of Queensland reports an average of around 12 months to finalise estates it administers. A privately administered estate may take less or more time depending on its assets and circumstances.
Managing complex estates in Queensland
Business interests, trusts, superannuation and property held across jurisdictions can add work to an executor’s responsibilities. Some of the main issues are:
Business interests. Company shares and certain trust interests may be estate assets, but control of the underlying business can depend on the company constitution, shareholder agreements, trust deed and succession arrangements. RedeMont’s business succession planning lawyers can assist where commercial structures and personal estate planning overlap.
Trust appointments and company roles. Succession to the role of trust appointor, trustee or company director does not always follow the will. The governing documents and applicable law should be checked before appointing replacements or exercising control.
Superannuation. Death benefits do not automatically form part of the estate. Subject to the fund rules and any valid beneficiary nomination, benefits may be paid to eligible dependants or to the deceased’s legal personal representative. The executor should establish how each fund will deal with the benefit.
Interstate and overseas assets. A Queensland grant may need recognition or resealing in another jurisdiction before particular assets can be administered. Conversely, eligible grants from other Australian jurisdictions, New Zealand or the United Kingdom may be resealed in Queensland where needed. The requirements depend on the asset holder and jurisdiction, so resealing is not automatic for every estate.
What happens when there is no will?
When someone dies without a valid will, assets forming part of their estate are generally distributed under Queensland’s intestacy provisions in Part 3 and Schedule 2 of the Succession Act 1981 (Qld). An eligible person ordinarily applies for letters of administration rather than probate.
The beneficiaries and their entitlements depend on the family circumstances, including whether the deceased left a spouse, descendants or other eligible relatives. Where a spouse and children survive, the legislation sets out entitlements including household chattels, a statutory amount and shares of the balance. The precise distribution should be checked against the legislation rather than assumed from a general example.
Intestacy may produce a distribution that differs from the deceased’s preferences, particularly where family and business arrangements are complex. Preparing and periodically reviewing a will gives a person greater control over the distribution of their estate, subject to the law.
Do you need a lawyer to apply for probate in Queensland?
Executors can apply for probate in Queensland without a solicitor. Queensland Courts provides the forms and procedural guidance for applicants acting without legal representation. Legal help can nevertheless be useful if the will is unusual, a beneficiary disputes the estate, or administration involves trusts, a business, an SMSF, property in several jurisdictions or unresolved liabilities. Legal assistance with the grant process can be invaluable where an executor doesn’t feel like they are properly equipped to handle the probate application process themselves.
RedeMont’s probate and estate administration lawyers assist with grant applications and the duties that follow, including more complex succession matters. The scope of work and likely fees can be discussed before an executor decides how to proceed.
Frequently asked questions
When is probate required in Queensland?
Probate may be required in Queensland when an asset holder needs a Supreme Court grant before releasing or transferring assets from a deceased estate. There is no single statutory value threshold. Financial institutions and other asset holders set their own evidentiary requirements, and property held as joint tenants generally passes to a surviving owner outside the will. Executors should check ownership and the requirements of each relevant asset holder before applying for a grant.
How long does probate take in Queensland?
The time it takes to obtain probate in Queensland depends on notice periods, the registry’s processing time and whether more information is required. Applicants must generally wait at least 14 days after publication of the notice and at least seven days after the Public Trustee receives the notice. Queensland Courts does not publish one fixed grant-processing timeframe, but as a guide, a period of 2-3 months should be allowed for the full process. Administration after the grant can take several further months, particularly where assets must be sold or debts, tax or disputes need to be resolved.
How much does probate cost in Queensland?
The cost of probate in Queensland includes the Supreme Court filing fee, the cost of publishing the required notice and any professional fees. From 1 July 2026, the filing fee is $847.60, and the Queensland Law Reporter lists $161.70 including GST for publication of a probate notice. Other charges may apply if certified documents or additional services are required. RedeMont discusses legal fees and provides estimates based on the work involved; the availability of fixed-fee arrangements for a particular probate matter should be confirmed when the work is scoped.
What is the difference between probate and letters of administration?
The difference between probate and letters of administration in Queensland generally concerns whether a valid will exists and who is entitled to administer the estate. Probate is usually granted to an executor named in a valid will. Letters of administration may be granted when there is no valid will or when a named executor cannot or will not act. Both types of grant provide legal authority to administer estate assets, although different forms and eligibility requirements apply.
What happens after probate is granted in Queensland?
After probate is granted in Queensland, the executor can collect assets and progress the deceased estate administration. This includes identifying debts, dealing with creditor claims, checking tax obligations and maintaining records for beneficiaries. An executor may publish a notice of intention to distribute under the Trusts Act 2025 (Qld) to access certain statutory protections in relation to claims. Before distributing the estate, the executor should also consider the will, relevant family provision rules and any unresolved liabilities.
How long after probate can funds be distributed in Queensland?
Funds can be distributed after probate in Queensland when the executor has addressed the relevant obligations and considers it appropriate to make a distribution. There is no universal rule requiring every estate to be held for a fixed period after the grant. Section 44 of the Succession Act 1981 (Qld) offers particular protections for properly made distributions at least six months after death where no relevant claim has been notified, subject to further conditions if notice has been received. Executors should check debts, tax and possible family provision proceedings before making an interim or final distribution.
Can I apply for probate in Queensland without a solicitor?
An executor can apply for probate in Queensland without a solicitor by following the Supreme Court’s application procedure. Queensland Courts provides the applicable forms and instructions for self-represented applicants. The process includes publishing the prescribed notice, preparing affidavits and lodging the documents required for the grant. Advice may be useful where there are issues with the will, complex assets, competing claims or uncertainty about the executor’s duties.
These FAQs are general information only and are not legal advice for your specific circumstances. The commercial and legal position depends on the detail of your matter. For advice built around your situation, speak with our team about the right next steps.
Contact RedeMont
Our estate administration and probate lawyers assist executors with grant applications, estate administration and related disputes. Contact our Estates and Succession team to discuss the circumstances of an estate and the assistance required.
