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Probate in Queensland

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Probate in Queensland

Probate is a legal process where the Supreme Court of Queensland confirms that a will is valid and grants the executor authority to administer the deceased person's estate. This includes distributing assets, closing bank accounts, and dealing with superannuation funds. The process in Queensland is governed by the Succession Act 1981 (Qld).

When Is Probate Required?

Probate is generally required when the deceased held significant assets solely in their name. Banks, share registries and land registries typically will not release or transfer assets without a grant.

Probate may not be required when:

  • All assets are held as joint tenants (they pass automatically to the surviving owner)
  • The estate has minimal assets (some institutions may release small balances without a grant)
  • Assets are held in a trust

Each institution sets its own threshold, so check with individual asset holders.

Your Role as Executor

As executor, you are responsible for administering the estate:

  • Locating the will and arranging the funeral
  • Obtaining the death certificate
  • Identifying and valuing all assets and liabilities
  • Applying for a Grant of Probate
  • Notifying banks, insurers and other institutions
  • Paying outstanding debts, taxes and funeral expenses
  • Distributing remaining assets to beneficiaries

If multiple executors are named, they generally need to agree on major decisions. If you are unable or unwilling to act, you may renounce your role.

What If There Is No Will?

If a person dies without a valid will (known as dying “intestate”), the next of kin must apply for Letters of Administration in Queensland instead of probate. The process is similar but may involve additional steps, such as proving your relationship to the deceased.

QLD Probate: Quick Reference

Court Fees

$819.90 flat

All estate values

Timeline

6–8 weeks

Standard applications

Notice Period

14 days

Minimum required

Filing

Court Registry

Multiple locations

Court Filing Fees

Unlike most other Australian states, the Supreme Court of Queensland charges a flat filing fee for probate applications regardless of the estate value.

Application Type Filing Fee
Application for Probate or Letters of Administration$819.90

Additional Costs

  • Publication in the Queensland Law Reporter: $161.70

Fee Reductions

The Registry may reduce the filing fee in cases of financial hardship. If you hold a current health care card, you may be eligible for a fee reduction upon providing a certified copy of your card with your application.

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 and subject to change. Always confirm current fees with the court before lodging your application.

The Probate Process in Queensland

Applying for a Grant of Probate in Queensland is governed by the Succession Act 1981 and the Uniform Civil Procedure Rules 1999. Applications are made to the Supreme Court of Queensland.

  1. Locate the will and gather documents

    Obtain the original will, death certificate, and identify all assets and liabilities of the estate.

  2. Publish a notice

    Before filing, you must publish a Notice of Intention to Apply for a Grant in the Queensland Law Reporter. The notice must remain published for at least 14 days.

  3. 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.

  4. Prepare the application

    Complete the required forms, including the application for a grant, supporting affidavits, and an inventory of assets.

  5. Lodge the application

    File all documents with the Supreme Court Registry in Brisbane, Cairns, Rockhampton, or Townsville, together with the applicable filing fee.

  6. Court processing and grant

    The Registrar reviews the application. If everything is in order, a Grant of Probate is issued.

Queensland allows applications to be filed at multiple Supreme Court registries across the state, which can be convenient for regional executors.

Required Forms for Probate in Queensland

Probate applications in Queensland require the following key documents, as prescribed under the Uniform Civil Procedure Rules 1999:

  • Application for Probate (Form 101): The primary application form for commencing probate proceedings.
  • Notice of Intention to Apply (Form 103): Published in the Queensland Law Reporter for at least 14 days before the application is filed.
  • Affidavit of Publication (Form 104): Confirms the notice of intention to apply was published and served as required.
  • Affidavit Supporting Probate Application (Form 105): A sworn statement by the executor providing details about the deceased, the will, and the estate assets.
  • Certificate of Exhibit (Form 047): Certifies documents exhibited with the application.
  • Original Will and Codicils: The original will must be filed with the court.
  • Death Certificate: A certified copy of the death certificate.

Additional affidavits may be required in specific circumstances, such as where there are alterations to the will (Form 111: Affidavit of Plight), a handwritten will (Form 108: Affidavit of Handwriting), or an executor has renounced (Form 114: Renunciation). Forms are available from the Queensland Courts website.

Processing Times for Probate in Queensland

The time to obtain a Grant of Probate in Queensland varies depending on the completeness of the application and the complexity of the estate.

  • Notice period: A minimum of 14 days is required for the notice of intention before the application can be filed.
  • Straightforward applications: Typically processed within 6 to 8 weeks from lodgement.
  • Applications with requisitions: If the Registrar requests further information, processing may take 10 to 16 weeks or longer.
  • Overall estate administration: Full administration of the estate typically takes 6 to 12 months from the date of death, depending on the assets involved.

Filing a complete and accurate application is the best way to minimise delays. Queensland's multiple registry locations can also help regional executors avoid additional travel time.

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After Probate Is Granted

Once the grant is issued, the executor can begin administering the estate:

  • Notify asset holders: Present the grant to banks, share registries and other institutions to access assets.
  • Pay debts and expenses: Settle outstanding debts, taxes, funeral costs and administration expenses.
  • Lodge a distribution notice: Publish a notice of intended distribution and wait the required period (which varies by state). This protects the executor against unknown creditors or claims.
  • Distribute assets: Once all debts are paid and notice periods have elapsed, distribute the estate to beneficiaries.
  • Keep records: Retain all estate administration documents for future reference.

Arrange probate in 3 easy steps

1

It starts with a free phone consultation

Our expert lawyers will chat with you to understand your individual situation, explain what probate is, how much it will cost and whether you require this service.
2

We prepare and lodge your probate application

We deal with all the paperwork, making sure it's done properly.
3

Probate is granted!

You now have the authority to deal with the bank, super fund, RAD bond and any other assets.

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Top questions about probate in Queensland

What is Probate?

Probate is a legal document issued by the Court affirming that the Will of a deceased person has been verified and registered in the Court and that the executor named in the Will has been given the authority to administer the estate. Once the Will is verified by the Court, the Executor can administer the deceased’s estate by collecting the deceased’s assets, paying off any debts of the deceased, and ensuring that the remaining assets are distributed to the beneficiaries of the estate in accordance with the deceased’s wishes.

When is Probate necessary?

Whether probate is necessary will depend on the type, size and value of the assets comprising the deceased’s estate.

Probate will be necessary when the deceased leaves behind specific types of assets. For example, probate will be necessary to deal with real estate, money in bank accounts and shares solely owned by the deceased or joint owned by the deceased with another person as tenants in common.

If assets of the deceased are jointly owned as joint tenants, then on the death of one of the joint owners, the asset will automatically pass to the surviving owner. In such cases, there will be no need to apply for a Grant of Probate.

Some third parties will release an asset without the need for Probate. For example, some financial institutions may release without seeing a Grant of Probate if the amount held in the name of the deceased is minimal and there is no dispute between the deceased’s relatives.

Who can apply for Probate?

To apply for probate, a person must:

  • over 18 years of age; and
  • be the executor named in the Will.

Do you need a copy of the original Will to apply for Probate?

Yes, you will need a copy of the original Will to apply for Probate.

What happens if there is no valid Will?

If 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, the deceased’s closest next of kin (eg spouse or de facto spouse) will need to apply for 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.

If the deceased individual dies intestate, the law in the state or territory in which the deceased died and owned assets, will determine who receives the assets of the deceased’s estate. This is known as the 'rules of intestacy'.

The process of applying for Letters of Administration is more complicated than applying for a Grant of Probate as involves some extra steps. For example, the spouse or de facto spouse will need to file an Affidavit detailing the efforts they made to locate the deceased’s Will.

How much does Probate cost?

Willed prides itself on price transparency. In this regard, Willed offer upfront fixed prices for a grant of probate. Our upfront fixed prices assume that the will is valid and uncontested and that the executor has all the necessary documentation to apply for a grant of probate. If this is not the case, additional fees may apply. Our fixed prices do not include court filing fees (which will depend on the value of the deceased estate) and disbursements. Contact us today to request a fixed price for a grant of probate.

When should you apply for probate?

In Victoria, New South Wales, Australian Capital Territory and Western Australia - an application for Grant of Probate must be made within six months of the death of the willmaker. In Queensland, there is no strict timeframe within which you must apply for probate but the court expects you to act swiftly and efficiently when applying for a Grant of Probate. In Tasmania, an application for Grant of Probate must be made within two years of the death of the willmaker.

If no probate application is made within these timeframes:

  • you will need to provide an explanation to the Court for the delay.
  • there is underlying risk that a creditor or other person may apply to have themselves appointed as executor of the estate in place of the executor named in the will.

How long does it take get a Grant of Probate?

The first step in applying for a Grant of Probate is to lodge notice of intention (advertisement) for a Grant of Probate with the Court. The advertisement must be published for at least 14 days before you can file an application for a Grant of Probate.

After the application for a Grant of Probate has been filed with the Court, it will take approximately 8 weeks to obtain a Grant of Probate (depending on the Courts backlog of applications and whether any requisitions are received from the Court).

See more FAQs

Probate 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

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