Disclaimer — This content is provided for general educational purposes only. It is not legal advice. Probate procedure, claim-lodgement rules,…
Disclaimer — This article contains general educational information only and should not be relied upon as legal advice. Probate requirements and processes vary according to each estate’s circumstances. Executors and families should seek personalised advice from a qualified Queensland solicitor before applying.
When a loved one dies in Queensland, their assets must be transferred, collected, or managed. Banks, superannuation funds, and government agencies generally require proof that the executor has the legal authority to act. That document is called probate.
The word probate can be daunting for families. It conjures up images of a complex and technical legal process. The reality is that probate is simply a Supreme Court document confirming the will’s validity and appointing the executor. This guide explains what probate is, when it is required, how to apply, and the associated costs and timelines — all in plain English.
What Probate Means in Queensland
Probate is a court order from the Supreme Court of Queensland that:
- Validates the will of the deceased as authentic and true, and
- Authorises the executor named in the will to administer the estate of the deceased.
Without probate, executors may be unable to:
- Access bank accounts and investment balances
- Deal with real estate in the deceased’s name (sell or transfer)
- Manage shares or managed investments
- Finalise superannuation entitlements
- Defend the estate against claims
Probate reassures asset holders and beneficiaries that the executor is legally authorised and accountable for their actions.
When Probate Is Required
Probate is not required for every estate in Queensland. Whether an executor must apply depends on the type and value of assets.
| Situation | Is Probate Required? | Notes |
|---|---|---|
| Real estate solely in deceased’s name | Yes | Titles Queensland requires probate for transfer |
| Bank accounts with large balances | Usually | Threshold varies by bank (often $30,000 – $50,000) |
| Superannuation death benefits | Sometimes | Depends if trustee accepts a binding nomination |
| Jointly owned assets (with survivorship) | No | Automatically pass to the surviving owner |
| Small balances or personal items | Rarely | Institutions may release with only a death certificate |
Asset holders (banks, share registries, etc.) will generally advise whether probate is required.
When Probate May Not Be Needed
Probate is not needed for every estate. For smaller or simpler estates, probate may be unnecessary if:
- All assets were held jointly with a surviving spouse.
- The estate is small, and banks or institutions are willing to release funds with only a death certificate.
- Superannuation trustees will pay directly to dependants under a binding death benefit nomination.
Even if probate is not legally required, many executors still apply to avoid disputes and confirm authority.
The Probate Process in Queensland Step by Step
Applying for probate in Queensland involves several stages:
- Check the will
Confirm the will is the latest version, signed, and not altered. Executors must locate the original will and ensure it is complete. - Publish an intention to apply
Executors must publish a notice in the Queensland Law Reporter and notify the Public Trustee of Queensland at least 14 days before filing [1]. - Prepare the application
This includes the Application for Probate (court form), Affidavit of Executor, original will and death certificate, and an Inventory of property (assets and liabilities). - File with the Supreme Court
Applications are lodged at the Brisbane Registry or by post (regional applications are processed in Brisbane). - Court review
The court checks all documents. If everything is in order, a Grant of Probate is issued. If issues are found (e.g., will alterations, unclear signatures), the court may request further affidavits. - Grant of Probate issued
Once issued, the executor can present the sealed probate to banks, share registries, and government agencies to collect and transfer assets.
Probate Timeframes
Probate can take several months. Time depends on the court’s workload and the accuracy of documents.
| Stage | Typical Timeframe | Notes |
|---|---|---|
| Notice period | 14 days minimum | Must advertise before applying |
| Application preparation | 2–4 weeks | Depends on collecting supporting documents |
| Court processing | 4–8 weeks | Longer if queries or will defects |
| Total | 2–3 months (simple cases) | Complex estates may take longer |
Any will disputes or missing documents can significantly extend probate.
Probate Costs in Queensland
Costs generally include:
- Supreme Court filing fee — around $800 (reviewed annually) [2]
- Solicitor’s professional fees — usually $2,500 – $5,000 for an uncontested application
- Advertising fee — cost of publishing the notice in the Queensland Law Reporter
- Disbursements — postage, certified copies, and incidental expenses
Legal costs for disputes or contested probate are separate and may be substantial.
Executor Responsibilities After Probate
After probate is granted, executors must:
- Collect the deceased’s assets
- Pay funeral expenses, debts, and tax
- Defend the estate against family provision or creditor claims
- Distribute assets to beneficiaries according to the will
Executors are fiduciaries, meaning they must act in good faith, avoid conflicts of interest, and put the beneficiaries’ interests first.
Risks of Skipping Probate
If an executor tries to administer an estate without probate when it is required, risks include:
- Banks or registries refusing to release assets
- Beneficiaries challenging the executor’s authority
- The executor being personally liable if distributions are later invalid
Probate provides legal protection and reduces executor risk.
Probate May Be Disputed or Contested
Probate can sometimes be delayed or challenged. Common reasons include:
- Allegations of undue influence or coercion
- Questions about the testator’s mental capacity when making the will
- Multiple competing wills
- Damaged or missing original documents
In these cases, the probate process becomes litigated. Costs and timeframes increase, and the Supreme Court makes the final decision.
Practical Tips for Executors
- Begin early and gather all documents promptly.
- Ask banks and institutions whether probate is required before assuming it is.
- Keep beneficiaries informed to reduce suspicion or disputes.
- Obtain legal advice if there are concerns about will validity.
- Avoid distributing assets until debts, tax, and claims are resolved.
Frequently Asked Questions
Do all wills need probate in Queensland?
No. Probate is only required if asset holders demand proof of authority.
Can I apply for probate myself in Queensland?
Yes. Executors can apply without a solicitor, but errors can cause costly delays. Many executors seek legal help.
How long does probate take in Queensland?
Simple estates may take 2–3 months, but complex or contested estates can take over a year.
How much does probate cost?
Court fees are around $800, and solicitor fees usually range $2,500 – $5,000 for uncontested applications.
Can beneficiaries challenge probate?
Yes. Challenges may occur if will validity, capacity, or undue influence is in question.
Key Take-Aways
- Probate is a Supreme Court document that confirms a will’s validity and an executor’s authority.
- Required for property, large bank balances, and certain investments.
- Not always needed for small or jointly held estates.
- The process involves notice, application, and court review.
- Typical timeframe: 2–3 months; costs include court filing fees and solicitor’s fees.
- Probate protects executors but they must still fulfil their duties.
Sources / References
[1] Uniform Civil Procedure Rules 1999 (Qld), Part 78 — Probate applications.[2] Queensland Courts, Supreme Court Probate Filing Fees (2025 Schedule).