DIY Probate in Queensland: Is It Worth It?

In Queensland, a Grant of Probate from the Supreme Court often formalises an executor’s right to manage a deceased estate. While many executors hire solicitors to navigate this process, some consider a do-it-yourself approach—hoping to save on legal fees and manage matters personally. But is it truly feasible for the average person? This article looks at the steps involved in DIY probate, potential obstacles, cost implications, and whether the risks outweigh the benefits for Queensland executors.


Why DIY Probate Appeals to Some Executors

Most executors are conscious that estate funds pay for probate expenses, including solicitor fees. A straightforward estate may tempt an executor to:

  • Reduce overall costs,
  • Stay in control of every document and deadline,
  • Avoid perceived complexity if the will is simple.

“If the estate is modest and uncontested, some executors feel a DIY approach keeps everything direct, with minimal overhead.”

Queensland Probate Overview

Under Queensland law, an executor seeking probate must:

  1. Confirm the original will is valid,
  2. Publish a notice of intention to apply in an approved publication,
  3. Wait the mandatory 14 days¹,
  4. File affidavits, the original will, and pay court fees,
  5. Potentially respond to any caveats or queries from the court.

If successful, the Grant of Probate issues in about 4–8 weeks for uncontested cases². For contested or large estates, the timeline extends.


Core Steps in a DIY Probate Application

Gathering Documents

  • Original Will: Must be properly signed and witnessed.
  • Death Certificate: Typically from Births, Deaths and Marriages.
  • Executor Affidavit: Outlining personal details, the deceased’s info, any will anomalies (like unusual markings or codicils).

Advertising Intention to Apply

Under the Uniform Civil Procedure Rules, you generally advertise in the Queensland Law Reporter (and possibly a local newspaper) to alert any objectors or creditors³.

“Accidentally skipping the advertisement step can invalidate the application, forcing re-submission and extra fees.”

Filing and Court Fee

An executor personally lodges forms with the Supreme Court—in person or via post/courier. The filing fee, around $750–$1,000 (updated annually), applies to all probate applications. If everything is correct, the probate should issue uncontested.


Pros and Cons of DIY Probate

AspectProsCons
Cost SavingsNo solicitor fees beyond the court filing & advertsRisk of mistakes → re-submission or legal advice midstream
Control & TransparencyExecutor manages each step, sees all docsTime-intensive; potential confusion over affidavit requirements
Estate ComplexityFine if assets/will are simple, no disputesIf partial intestacy or multiple claims, personal handling can be risky
Potential DelaysNone if done meticulously, with no issuesPaperwork errors can cause months of delays

“While saving on lawyer fees is appealing, the cost of errors—like a refused application or unaddressed disputes—can exceed any initial savings.”


Ideal Situations for DIY Probate

  1. Straightforward Estate:
    • A single bank account, minimal personal belongings, and no real property in sole name.
    • No known family disputes or suspicious circumstances around the will’s signing.
  2. Executor Familiar with Legal Processes:
    • Possibly from prior experience or comfortable with lodging official forms, gathering statutory declarations, etc.
  3. Clear Will with Zero Anomalies:
    • No codicils, no sections crossed out, no potential for a competing later will, and the will properly witnessed.

(Note): Even so, an executor might consult a solicitor briefly to double-check the affidavit or advertisement procedure. This minimal guidance can keep the process on track.


Potential Pitfalls and Risks

Mistakes in Filing

The Supreme Court can reject or query an application if:

  • Affidavit wording is incorrect,
  • The advertisement was placed improperly or insufficiently,
  • The will shows unusual marks or attachments not explained,
  • Executor fails to present a required exhibit (like a codicil or reason for not naming all executors).

“One small oversight—like forgetting an affidavit detail—can mean re-filing, new fees, or significant delay.”

Unexpected Challenges or Caveats

If a beneficiary or relative lodges a caveat (suspecting a newer will, or claiming undue influence), a DIY executor may struggle with the legal complexities of responding. Litigation costs can skyrocket if they have to engage counsel mid-proceedings, negating the initial goal of saving on fees.

Complex Asset Structures

Estates with real property solely in the deceased’s name, large share portfolios, or foreign assets complicate matters. Handling conveyancing or share transfer forms beyond the probate application might demand professional input anyway.


Cost Comparison: DIY vs. Hiring a Solicitor

DIY:

  • Court Filing Fee: $750–$1,000 (approx.)
  • Advertising: $150–$300
  • Own Time: Potentially significant hours, with the executor doing all steps.
  • Risk: Could re-file if any error occurs, incurring extra costs or months of delay.

With a Solicitor:

  • Court + Advertising: Same baseline costs.
  • Legal Fees: $1,500–$3,000 or more, depending on complexity.
  • Time Saved: Lawyer manages documentation, reduces errors.
  • Professional Representation: If disputes surface, the solicitor is already engaged.

“Paying a solicitor is often justified for medium-to-large estates. For a tiny estate, the margin of error might be smaller, thus DIY could be workable.”


Practical Example: A DIY Probate Journey

Scenario: Emma is executor for her aunt’s estate, comprising:

  • $30,000 in a sole-name bank account,
  • Minimal personal effects,
  • A valid will naming Emma the only beneficiary.

Steps:

  1. Emma downloads Queensland probate forms from the courts website, reads instructions carefully.
  2. She places a notice of intention to apply in the Queensland Law Reporter, waits 14 days.
  3. She files the affidavit + the original will + death certificate, paying a ~$800 filing fee.
  4. No disputes or errors arise; the Supreme Court issues probate in ~6 weeks.
  5. Emma shows the sealed probate to the bank, which releases $30,000 to Emma for distribution.

Outcome: Total outlay was about $1,000 including adverts, plus Emma’s time. She avoided solicitor fees, but was vigilant about the forms. If mistakes had occurred, she might have re-lodged or turned to a lawyer anyway.


Frequently Asked Questions (FAQ)

Q1: Can I get partial advice from a solicitor without fully hiring them for probate?
A: Often yes. Some lawyers offer “unbundled” services—reviewing your forms or guiding you for a reduced, fixed fee. This hybrid approach merges DIY savings with professional oversight.

Q2: If a small bank account is below threshold, do I even need probate?
A: Potentially not. You can confirm each institution’s threshold. If all assets are small or jointly held, you might skip probate entirely¹.

Q3: Does the court help me if I’m stuck on forms?
A: Court staff can provide general guidance on procedure but cannot offer legal advice. Executors remain responsible for correctness.

Q4: If I discover a hidden asset after distributing, do I reapply for probate?
A: Potentially. You may need to re-approach the court or rectify the distribution. This risk underscores the importance of thorough initial asset searches.

Q5: What if the will has issues, like an unattested change or is partially damaged?
A: Then a special application or affidavit might be needed (e.g., an informal will application). DIY routes become more complex; professional help is advisable².


DIY probate in Queensland can save on solicitor fees, especially if the estate is small, uncontested, and the executor is prepared to handle legal documents accurately. However, for complex or disputed estates—or when dealing with high-value property—the margin for error widens. A single oversight in affidavits, advertising, or listing the estate’s value can lead to re-submission costs or extended delays. Executors must also be ready to handle caveats or confusion about the will’s validity, which quickly escalate legal expenses.

“Weighing a few thousand dollars in legal fees against potential missteps is the crux of choosing DIY probate or hiring a solicitor.”

Key Takeaways:

  1. DIY suits simple, low-value estates with no expected disputes.
  2. Mandatory Steps: Advertising notice, filing correct affidavits, paying the court fee.
  3. Common Pitfalls: Errors leading to rejection, unexpected disputes or complexities.
  4. Hybrid Approach: Minor lawyer assistance while the executor does the rest.
  5. Time vs. Cost: Executors weigh the hours spent and risk of rework against possible solicitor fees.

Ultimately, is DIY probate worth it? For small or straightforward Queensland estates, it may be. For more substantial or risky situations, a solicitor’s expertise can offer peace of mind and potentially speedier resolution—ensuring the estate’s distribution proceeds without unexpected legal tangles.

Did this answer your question? There was a problem submitting your feedback. Please try again later.
people found this article useful

Last updated: 05 February 2025

Disclaimer: This information is designed for general information. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1300 580 413 or contact us to arrange free initial advice.

QLD Estate Lawyers
REQUEST A CALL BACK

Contact our Wills and Estate lawyers by sending us an email and we’ll get in touch shortly, or phone between 8:30AM and 5:00PM Monday to Friday — we would be delighted to speak.

Office hours — 1300 580 413

Monday8:30 am – 6:00 pm
Tuesday7:30 am – 6:00 pm
Wednesday7:30 am – 6:00 pm
Thursday7:30 am – 6:00 pm
Friday7:30 am – 5:00 pm
SaturdayClosed
SundayClosed

Need something else? Find more ways to get in touch.

Any questions? We can help!

Please enable JavaScript in your browser to complete this form.
Best time to contact?
I would like to know if my case fees can be deferred.