Disclaimer — This guide provides general educational information only. It is not legal advice. Probate procedure and affidavit requirements can…
Disclaimer – This article is for general educational purposes only and does not constitute legal or financial advice. Probate fees in Queensland vary with court rules, firm billing practices, and estate complexity. Executors and beneficiaries should obtain personalised quotes from a qualified Queensland succession-law solicitor before acting.
Executors often start the probate journey believing legal help will be prohibitively expensive. In reality, many Queensland firms offer transparent fixed-fee or capped-fee options for straightforward estates, reserving hourly rates only for contested or highly technical matters.
This guide explains:
- common fee structures used by Brisbane and regional firms
- the variables that push costs up (or down)
- typical price bands for simple, moderate, and complex estates
- ways to keep professional fees reasonable without sacrificing compliance.
Typical Fee Structures Used in Queensland Probate
| Structure | How It Works | Pros | Cons |
|---|---|---|---|
| Fixed Fee | Solicitor quotes a single figure (often tiered by estate value or complexity) covering notice, affidavits, probate grant and basic asset transfers. | Certainty for executor; easy budgeting. | Extra work (e.g. caveats) usually falls outside the quote and is billed separately. |
| Capped Fee | Hourly work tracked but will not exceed an agreed ceiling. | Flexibility if the matter ends up simpler than expected; cost protection if it grows more complex. | Requires regular updates to ensure the cap is realistic. |
| Hourly Rate | Charges based on time spent (in six-minute units). Senior lawyers $400–$550 +/hr; clerks $200–$280 +/hr (GST excl.). | Appropriate for litigation, caveats, reseals, or multi-jurisdiction estates where scope is unpredictable. | Harder for executors to budget; monitoring invoices is essential. |
| Commission (rare) | A percentage of the gross estate (e.g. 1–2 %) — historically charged by the Public Trustee or some regional firms. | Aligns fee with estate size; no up-front outlay. | May exceed market hourly or fixed-fee alternatives for large estates; can be controversial with beneficiaries. |
Key Factors That Influence Probate Legal Fees
- Number and Type of Assets – Multiple properties, complex share portfolios, or overseas holdings require extra affidavits and liaison.
- Will Clarity & Execution Quality – Missing witnesses or informal wills trigger additional affidavits under Succession Act 1981 (Qld) s 18.
- Family Provision Risks – Possible claims from spouses, step-children or dependants generate early mediation and settlement work.
- Debt and Tax Complexity – Insolvent estates or those with capital-gains obligations need accountants and extra legal strategy.
- Executor Capability – Experienced, organised executors reduce solicitor time chasing documents; inexperienced ones increase it.
- Urgency – “Fast-tracked” grants (e.g. sale settlement looming) attract premium rates or additional staff hours.
Typical Cost Bands (June 2025 market snapshots, GST exclusive)
| Estate Profile | Indicative Legal Fee | What’s Included | Likely Extras |
|---|---|---|---|
| Simple Estate – value < $500 k – one property, ≤ 3 bank accounts – uncontested | $2 800 – $5 500 | Notice of intention; probate affidavits; grant; single Form 5 transmission; closing standard accounts. | House conveyance; trust tax return; minor disbursements (court filing $793; advert $161). |
| Moderate Estate – $500 k – $1.5 m – property + shares/super – no disputes | $5 500 – $9 000 | All of the above plus ASIC share transfers, superannuation death-benefit forms, liaison with one accountant. | Foreign reseal; extra property; mediation if claim threatened. |
| Complex Estate – > $1.5 m or blended family/potential claim or informal will | $9 000 – $15 000 + | Strategic advice; mediation sessions; multiple titles; responding to registry requisitions/caveats. | Full litigation; forensic handwriting expert; barrister fees. |
Court filing and advertising costs are fixed outlays payable in addition to legal fees.
Hidden or Extra Costs to Watch
- Registry Requisitions – Each re-lodgement may incur further professional time.
- Asset-specific fees – Share registry transfers, ASIC deregistration, foreign reseals.
- Barrister Brief Fees – $2 000 – $6 000 for initial advice or appearance if disputes escalate.
- Executor Commission – Separate from lawyer fees; must be authorised by will or Supreme Court approval.
Comparison: DIY vs Probate Lawyer vs Public Trustee
| DIY Executor | Private Probate Lawyer | Public Trustee of QLD | |
|---|---|---|---|
| Cost to Estate | Filing $793 + advert $161 + time | See fee bands above | Percentage schedule (up to 6.6 % income + 4.4 % capital) |
| Speed (uncontested) | 4–9 months; high risk of mistakes | 3–6 months | 9–18 months |
| Risk of Liability | High – executor personally liable for errors | Low – solicitor indemnifies procedural work | Low – but beneficiaries have limited influence |
| Dispute Handling | Must brief lawyer if things go wrong | In-house early mediation & litigation capacity | Refers to internal or external lawyers; slower response |
Example Cost Breakdown – The Harris Estate
Assets – $750 k house (sole name), $300 k shares, $40 k bank. Will clear and uncontested.
Legal Engagement – Brisbane firm fixed fee $6 500 (GST excl.).
Disbursements – Court $793, advert $161, title searches $40.
Total Professional Cost – $7 494 (GST incl.).
Timeline – Notice published week 3, probate granted week 11, distribution month 7.
Result – Fees < 1 % of estate value; executor avoided two requisitions thanks to solicitor’s drafting.
Tips for Keeping Probate Fees Reasonable
- Organise Documents Early – Death certificate, original will, asset statements.
- Choose Fixed or Capped Fees for uncontested matters; reserve hourly billing for genuine uncertainty.
- Respond Promptly to your lawyer’s requests—missing information is the biggest fee inflator.
- Ask for Itemised Invoices each month to track work done versus quote.
- Consider Mediation Early if a family-provision claim looms—settlements save exponential litigation costs.
Key Takeaways
- Most straightforward Queensland estates can be administered by a lawyer for $3 000 – $9 000 plus court outlays.
- Fees rise with asset complexity, blended-family disputes and informal wills.
- Fixed or capped-fee engagements give executors cost certainty; hourly rates dominate only in contested matters.
- Early, thorough preparation by executors and clear fee-agreements with solicitors keep costs controlled and beneficiaries informed.
Sources / Citations
- Supreme Court of Queensland – Probate filing fee schedule (effective 1 July 2024).
- Succession Act 1981 (Qld) – ss 41, 44 (family-provision timelines and distribution liability).
- Uniform Civil Procedure Rules 1999 (Qld) – rr 598–603 (notice, waiting period, filing requirements).
- Public Trustee of Queensland Fee Table (current as at June 2025).