Letters of Administration in QLD

No executor. A clear path forward.

Letters of Administration in Queensland are lodged through the Supreme Court of Queensland. Willed Law can confirm who can apply, prepare the paperwork, and lodge it for a fixed fee.

1300 945 533 Get a fixed-fee quote

State guide

What Letters of Administration mean in Queensland.

When someone dies without a valid Will, there is no executor named to manage the estate. Letters of Administration are the court order that appoints an administrator to step into that role.

In Queensland, the application is made to the Supreme Court of Queensland and is governed by the Succession Act 1981 (Qld). The court may need proof of relationship, beneficiary consents, and other evidence before issuing the grant.

If there is a valid Will and an executor can act, the usual path is probate in Queensland instead.

QLD details

Eligibility, fees, forms, and timing.

The court process varies by state. These notes cover the practical details administrators usually need before they lodge.

QLD Letters of Administration: Quick Reference

Court Fees

$819.90 flat

All estate values

Timeline

8–16 weeks

Standard applications

Notice Period

14 days

Minimum required

Admin Bond

None

Not required

Court Filing Fees

Unlike most other Australian states, the Supreme Court of Queensland charges a flat filing fee for Letters of Administration applications regardless of the estate value. The fee is the same as for probate applications.

Application Type Filing Fee
Application for Letters of Administration$819.90

Additional Costs

  • Publication in the Queensland Law Reporter: $161.70

Administration Bond

Administration bonds and sureties have been abolished in Queensland under section 51 of the Succession Act 1981 (Qld). Administrators are not required to provide a bond when applying for Letters of Administration.

Note: Fees are set by the Supreme Court of Queensland and are typically updated on 1 July each year. Fees shown are current as of 1 July 2025. Concession rates may apply for holders of a Commonwealth concession card or seniors health card. Always confirm current fees with the court before lodging your application.

Who Can Apply

Under Rule 610 of the Uniform Civil Procedure Rules 1999 (Qld), the following persons may apply for Letters of Administration, in order of priority:

  1. Surviving spouse or de facto partner

    The surviving spouse or de facto partner of the deceased has first priority to apply.

  2. Children of the deceased

    If there is no surviving spouse, the deceased’s children may apply.

  3. Grandchildren of the deceased

    Grandchildren may apply if there is no surviving spouse or children.

  4. Parents of the deceased

    Parents may apply if there is no surviving spouse, children, or grandchildren.

  5. Siblings of the deceased

    Brothers and sisters of the whole blood, then half blood, may apply if no higher-priority applicant is available.

  6. Children of deceased siblings

    Nieces and nephews may apply if no sibling is available or willing.

  7. Grandparents of the deceased

    Grandparents may apply in the absence of closer relatives.

  8. Aunts and uncles of the deceased

    Extended family may apply if no closer relatives are available or willing.

  9. First cousins of the deceased

    First cousins may apply if no closer relatives are available or willing.

  10. Any other person the court considers appropriate

    The court may appoint any person it considers suitable in the circumstances.

Where the person with the highest priority does not wish to apply, they must file a formal renunciation.

The Application Process in Queensland

The application process involves the following steps:

  1. Obtain the death certificate

    You will need an official death certificate from the Registry of Births, Deaths and Marriages Queensland.

  2. Identify the estate assets and liabilities

    Compile a comprehensive inventory of all assets and liabilities of the deceased.

  3. Complete the required court forms

    Prepare the application for a grant of letters of administration, the supporting affidavit, and the inventory of assets and liabilities.

  4. Publish a notice of intention

    A notice of intention to apply must be published in the Queensland Law Reporter at least 14 days before filing the application.

  5. Notify the Public Trustee of Queensland

    Notify the Public Trustee of Queensland of your intention to apply. You must wait at least 7 days after the Public Trustee receives notice before filing your application.

  6. File the application

    Lodge the completed documents with the Registrar of the Supreme Court of Queensland.

  7. Court processing

    The Registry will review the application and, if satisfied, issue the grant without a hearing.

Distribution of the Estate

Once the grant is issued, the administrator must distribute the estate in accordance with the intestacy rules set out in Part 3 of the Succession Act 1981 (Qld). The administrator has a duty to act in the best interests of all beneficiaries.

Required Forms for Letters of Administration in Queensland

The following forms are required for a Letters of Administration application in Queensland:

  • Form 102: Application for Letters of Administration (Intestacy): The primary court form to initiate the application.
  • Form 109: Affidavit (Letters of Administration on Intestacy): A sworn statement by the applicant detailing the death, the intestacy, and the applicant’s entitlement to apply.
  • Form 103: Notice of Intention to Apply for Grant: Published in the Queensland Law Reporter at least 14 days before filing.
  • Form 104: Affidavit of Publication: Confirming the notice of intention was published as required.
  • Form 115: Renunciation (Intestacy): If a person with higher priority has renounced their right to apply.

Forms are available from the Supreme Court of Queensland website. All affidavits must be sworn or affirmed before a justice of the peace, commissioner for declarations, or solicitor.

Processing Times for Letters of Administration in Queensland

The timeline for obtaining Letters of Administration in Queensland is generally as follows:

  • Preparation of documents: 1 to 3 weeks, depending on the complexity of the estate.
  • Publication of notice: At least 14 days must pass between publishing the notice and filing the application.
  • Court processing: The Registry typically takes 6 to 12 weeks to process an application after filing.
  • Total estimated timeframe: 8 to 16 weeks from start to grant.

Note: Applications may take longer if the estate is complex, if there are competing claims, or if the court requires additional information.

How it works

Three simple steps.

  1. Start with a free call.

    Willed Law spends about 20 minutes understanding the estate, the family situation, and who is entitled to apply.

  2. Willed Law prepares and lodges.

    Your solicitor works through the intestacy rules, prepares the evidence, and lodges with the Supreme Court.

  3. The grant is issued.

    You receive Letters of Administration and the authority to deal with banks, super funds, property registries, and other asset holders.

Talk it through

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Top questions about Letters of Administration in Queensland

See all FAQs
What are Letters of Administration?

Letters of Administration is a court order made by the Court which allows the Administrator (the person who is appointed by the court) to distribute the assets of the deceased who died without a valid will.

Who applies for Letters of Administration?

If the deceased individual dies intestate, the law in the state or territory in which the deceased died and owned assets, will determine who:

  • can apply for Letters of Administration; and
  • receives the assets of the deceased’s estate.

This is known as the 'rules of intestacy'.

The grant of administration is usually made to the deceased's 'next of kin', which is the deceased's closest relative.

The Court will usually grant administration to the following ‘next of kin’ (in order of priority):

  • the spouse or de facto spouse of the deceased;
  • spouse and children;
  • children;
  • parents;
  • brothers and sisters;
  • grandparents;
  • aunts and uncles; or
  • any other person the Court thinks fit.

How long do Letters of Administration take?

In general, obtaining Letters of Administration will take approximately 8 to 15 weeks from the date the application for Letters of administration was filed with the Court (depending on the Courts backlog of applications).

How long do you have to apply for Letters of Administration?

Time is of the essence when it comes to Letters of Administration applications. You must submit your LOA application within six months of the deceased person’s death.

If you’re filing outside of this time frame, you will need to provide satisfactory reasoning as to why you’ve deferred your application. The bottom line is that delaying an application is a potential cause for a range of related complications depending on the circumstances.

We strongly recommend submitting your LOA applications as soon as possible to avoid any unnecessary issues.

What happens if a Will is discovered later?

If a Will is discovered following the grant of Letters of Administration, the appointed Executor must be informed, and the original granted order will be revoked.

In most cases, the Supreme Court will grant Probate to the rightful Executor outlined in the newly discovered Will with the administration of the estate proceeding as intended by the Will-maker.

Does it cost to file Letters of Administration?

There are costs and fees associated with filing for Letters of Administration as there are with many legal services. These costs or expenses vary between states and are also largely affected by the contents, value and overall nature of the estate.

Contact us today to discuss fees and costs involved with filing a Letters of Administration application to your local state’s court and registrar.

What happens to the deceased’s estate if there is no Will?

If there is no Will or an existing will is determined no longer valid, different states and territories will have different laws in this regard.

Generally speaking, state legislation and its respective rules of intestacy usually (but not always), dictate that an intestate death means the estate will be transferred to the next of kin, such as a spouse or children under these types of circumstances.

Please review your local state’s Successions Act or other legislation for specific rules and details.

What is the difference between Probate and Letters of Administration?

Probate is issued by the Court to the Executor(s) named in the Will of the individual who has passed away.

Letters of Administration is a grant by the Court to a person other than a named executor or executors such as a close relation of the individual who passed away because the individual passed away without a Will (intestate), did not name an executor in a valid will or the Executor is unwilling or unable to act.

Letters of Administration services in other states

NSW New South Wales VIC Victoria SA South Australia WA Western Australia TAS Tasmania NT Northern Territory ACT Australian Capital Territory

Letters of Administration guides

Plain-English answers to common questions about intestacy and the grant process.

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