- 1Probate is the Supreme Court's confirmation that a will is valid and that the executor can deal with the estate.
- 2Not every estate needs probate — it depends on the assets and how they are held.
- 3Executors have legal duties to beneficiaries and creditors, and can be personally liable if they distribute too early or incorrectly.
Do you need probate?
A grant of probate is issued by the Supreme Court of Queensland. It confirms the will is valid and gives the executor authority to collect and deal with the deceased's assets. Banks, share registries and the land registry commonly require a grant before they will release or transfer assets.
Some estates can be finalised without probate — for example, where assets are small or held jointly with a surviving owner, which generally pass automatically to the survivor. Superannuation and life insurance may be paid according to a nomination rather than the will. We review the assets first to work out whether a grant is needed.
The steps in a Queensland application
- 1Locate the original will and confirm it is the last will.
- 2Identify the assets and liabilities and gather supporting information.
- 3Publish a notice of intention to apply for probate, and wait the required period before filing.
- 4Prepare and file the application with the Supreme Court, including the original will and supporting affidavits.
- 5Respond to any requisitions (queries) from the Court registry.
- 6Receive the grant and begin administering the estate.
Administering the estate
Once the grant is issued, the executor collects the assets, pays debts, funeral expenses and tax, keeps proper records, and then distributes the estate according to the will.
Timing matters. Distributing too early — before debts are known or before the time for family provision claims has passed — can leave the executor personally exposed. We guide executors through each step and prepare the accounts and releases that protect them at the end.
If there is no will
If a person dies without a valid will, someone — in most estates a close family member — can apply for letters of administration. The estate is then distributed under the intestacy rules in the Succession Act 1981 (Qld), which set out who inherits and in what shares.
The process is similar to probate but can be more involved, particularly where family circumstances are complex. It is a strong reminder of why a current will matters.
Common questions
How long does probate take in Queensland?+
Timing depends on the notice period, how quickly the application is prepared and whether the Court raises requisitions. Administering the estate after the grant takes longer again, particularly where property must be sold.
Can I be an executor and a beneficiary?+
Yes. It is common for an executor to also be a beneficiary. The executor must still act impartially and in the interests of all beneficiaries.
Sources & further reading
- ↗Queensland Courts — Supreme Court probate applications
- ↗Queensland Legislation — Succession Act 1981 (Qld)
- ↗The Public Trustee of Queensland — information for executors
This guide is general information about Queensland and Australian law and is not legal advice. Laws change and every situation is different — speak with us about your specific circumstances before acting.
