Disclaimer — This article contains general educational information only and should not be relied upon as legal advice. Estate distribution…
Disclaimer — This guide provides general educational information only. It is not legal, financial, or tax advice. Estate-administration obligations vary with each estate’s assets, debts, and beneficiary circumstances. Executors in Queensland should obtain personalised advice from a succession-law solicitor before taking any action.
Overview
The sealed grant unlocks authority, but the executor’s heaviest workload now begins. Delays at this stage can freeze bank accounts and fuel family conflict; careful, methodical administration keeps the estate on track and protects the executor from personal liability.
Read the Grant Carefully
| What to Check | Why It Matters |
|---|---|
| Correct spelling of all names | A misspelled executor name can lead banks to reject the grant. |
| Accurate date of death | Insurers and super funds verify this against their records. |
| Court-imposed conditions | The Court may require security or that you pass accounts. |
If you spot an error (e.g., “Jon” instead of “John”), notify the Probate Registry immediately and file a correcting affidavit before presenting the grant to any third party.
Open an Estate Bank Account
Provide the bank with the sealed grant, certified ID, and (if needed) a Tax File Number application.
- Keep all estate receipts and payments in this account.
- If the estate earns over $18 200 in a financial year (interest, rent, dividends), an estate income-tax return is required and tax must be paid at individual rates for up to three income years.
Collect and Secure Assets
| Asset Class | Step-by-Step Actions |
|---|---|
| Real property | Lodge a Transmission Application Form 5 with Titles Queensland; update insurance and council rates to “Estate of …”. |
| Bank deposits | Provide each bank with its probate form and the sealed grant to close or retitle accounts. |
| Shares / managed funds | Identify CHESS vs issuer-sponsored holdings; file transmission forms with the registry or broker. |
| Vehicles & boats | Transfer registration through TMR; duty-free if transferred exactly as directed by the will. |
| Super death benefit paid to estate | Provide the grant to the fund; record taxable and tax-free components for beneficiaries. |
| Digital assets & cryptocurrency | Secure log-ins and private keys; document wallet balances in AUD at date of death; consider specialist help. |
Pay Debts and Expenses
- List all liabilities, separating secured (e.g., mortgages) from unsecured (e.g., credit cards).
- Pay in this priority order: secured debts → statutory liabilities (ATO, council rates) → unsecured creditors.
- Consider publishing a creditor notice for complex or insolvent estates to protect against unknown claims.
File Estate Tax Returns
| Return | Trigger | Example |
|---|---|---|
| Date-of-death return | The deceased had assessable income in the year of death | Salary and interest earned to date of death |
| Estate (trust) return | Estate earns > $18 200 p.a. or realises capital gains | Rent or share dividends received during administration |
| CGT schedule | Sale of assets for more than their date-of-death value | House sold $100 k above valuation; shares sold at a gain |
Capital gains are calculated from the market value at date of death if the asset was originally pre-CGT.
Prepare Estate Accounts and Statement of Distribution
Residuary beneficiaries—those entitled to what remains after debts, expenses, and specific gifts—have a right to clear accounts.
- Opening inventory (assets and debts at death)
- Receipts (sale proceeds, refunds, income)
- Payments (debts, expenses, executor costs)
- Proposed distribution (cash or in-specie splits, any executor commission)
Circulate the draft statement 30 days before payment and invite written questions to head off disputes.
Observe the Family Provision Limitation Period
Most executors wait six months from death before distributing residue. Early distribution risks personal liability if a late Family Provision claim is successful—unless all adult beneficiaries indemnify you and funds are held back for contingencies.
Distribute the Estate
- Obtain signed receipt and release forms.
- Transfer specific assets (property, vehicles) and pay cash legacies via the estate account.
- Record every transaction in the estate ledger.
Case study: In Re Smith [2023] the executor paid beneficiaries after only four months; a late Family Provision order of $150 000 left the executor personally liable when beneficiaries refused to refund their shares.
Finalise and Close the Estate
- Obtain ATO clearance or hold a reserve for amendment assessments (up to two years).
- Close the estate bank account at a zero balance.
- Retain all records—digital and paper—for seven years.
Common Post-Probate Pitfalls
| Pitfall | Consequence | Prevention |
|---|---|---|
| Early distribution within six-month claim window | Personal liability for late claims | Wait full period or secure written indemnities. |
| Paying unsecured debts before a mortgage | Mortgagee enforces security, reducing value for heirs | Follow secured → statutory → unsecured order. |
| Forgetting CGT on asset sale | ATO penalties and interest | Get valuations at date of death; engage a tax agent. |
| Lapsed insurance on vacant house | Fire/theft loss borne by executor | Update cover immediately after grant. |
Emotional and Financial Impact on Beneficiaries
Probate delays can leave dependants scrambling for cash while interest and maintenance costs mount. Transparent timelines, periodic updates, and timely partial distributions (where safe) reduce stress and distrust.
Role of Solicitors in Streamlining Administration
A probate solicitor can:
- draft requisition-proof documents,
- prioritise debts correctly,
- prepare all tax returns,
- manage foreign asset transfers, and
- mediate disputes before they escalate.
Up-front professional fees often pale beside the cost of prolonged delays or litigation.
COVID-19 Legacy and Digital Transformation
E-lodged PDFs, virtual identity checks, and online conveyancing (PEXA) now let executors lodge documents and transfer property without in-person visits, saving days or weeks in metropolitan and regional estates alike.
Quick-Reference Checklist for Executors
☐ Grant details checked and filed securely
☐ Estate bank account and TFN obtained
☐ Assets collected, valued, and insured
☐ Debts paid in correct priority order
☐ Date-of-death and estate tax returns lodged
☐ Estate accounts drafted and circulated
☐ Six-month claim period observed
☐ Distributions made with receipts and releases
☐ Estate account closed; records archived
Download a printable PDF checklist from the Queensland Courts probate portal.
Sources / Citations
- Supreme Court of Queensland, Probate Registrar’s Guide (2025).
- Succession Act 1981 (Qld) ss 52–54.
- Uniform Civil Procedure Rules 1999 (Qld) pt 78.
- Australian Taxation Office, Taxation of Deceased Estates Guide (2025).
- Re Smith [2023] QSC 117.