Do you actually need probate?
Not every estate needs a grant. Probate is the Supreme Court's confirmation that a will is valid and that the executor named in it has authority to act. Whether you need one depends on what the deceased owned and how it was held.
| Usually needs probate | Usually does not |
|---|---|
| Real property held in the deceased's sole name | Property held as joint tenants — passes by survivorship |
| Property held as tenants in common | Joint bank accounts |
| Substantial sole-name bank accounts | Small sole-name accounts, below the bank's threshold |
| Share holdings of any size | Superannuation paid under a valid nomination |
| Aged care accommodation bonds | Life insurance paid to a named beneficiary |
What to do first
- Locate the original will — a copy is not enough
- Obtain the death certificate from Births, Deaths and Marriages
- Secure the property and its contents
- Notify banks, super funds and insurers
- Redirect mail and cancel subscriptions
- Identify every asset and every liability
- Do not distribute anything yet
The last point matters most. Executors frequently release small amounts early to help family, then find they cannot meet a debt or a claim. Until you have a complete picture of assets and liabilities, distribute nothing.
Applying for probate
Queensland has a strict pre-filing sequence, and it cannot be shortcut. The steps come from Chapter 15 of the Uniform Civil Procedure Rules 1999 (Qld).
If there is no will
Where someone dies without a valid will, the application is for letters of administration rather than probate, and the estate is distributed under the intestacy rules in Schedule 2 of the Succession Act 1981 (Qld).
The Uniform Civil Procedure Rules set an order of priority for who may apply — broadly the surviving spouse, then children, then other next of kin. Where the will exists but names no executor, or the executor has died or will not act, the application is for letters of administration with the will annexed.
Intestate estates take longer, cost more, and are contested more often, because the outcome frequently does not match what the family understood the deceased wanted. See our estate planning page for the intestacy distribution table.
What an executor is actually responsible for
An executor is a fiduciary. They are personally accountable for administering the estate properly, and personal liability is a real rather than theoretical risk.
- Identifying and securing all assets
- Paying debts in the correct statutory order
- Lodging final and estate tax returns
- Keeping estate money entirely separate
- Keeping proper accounts of everything
- Acting impartially between beneficiaries
- Defending or settling claims against the estate
- Distributing strictly in accordance with the will
Where a beneficiary is a minor, the executor's duties continue as trustee under the Trusts Act 2025 (Qld) until the trust ends — which can be many years after the grant. An executor who thought the job finished at distribution may find it did not.
The timing rule that protects you
Do not distribute before six months
An executor who distributes more than 6 months after the date of death, without having received notice of an intended family provision claim, is generally protected under section 44(3) of the Succession Act 1981 (Qld).
Distribute earlier, or after receiving notice, and the executor can be personally liable if a claim later succeeds. Family provision applications can be filed up to 9 months from death, so many executors sensibly wait the full nine.
Beneficiaries will push for early distribution, often reasonably, and it is the executor who carries the risk of agreeing. If there is pressure, an interim distribution of a modest portion with proper advice is usually a better answer than either refusing outright or paying out in full.
What it costs
Written estimate before we start. A straightforward estate with one property and a few accounts is a very different job from a contested estate with a business in it.
- Written estimate for the grant application
- Queensland Law Reporter notice fee at cost
- Supreme Court filing fee at cost, reviewed each 1 July
- Full administration estimated separately
- Estate costs are usually paid from the estate
- We tell you before scope changes
Frequently asked questions
No. Property held as joint tenants passes automatically by survivorship, and small sole-name accounts, superannuation paid under a valid nomination and life insurance paid to a named beneficiary often pass without a grant. Probate is usually required for real property in the deceased's sole name, share holdings and substantial sole-name accounts. Each institution sets its own threshold.
There is a mandatory pre-filing period: the notice of intention must be published in the Queensland Law Reporter at least 14 days before filing, and the Public Trustee must be given a copy at least 7 days before filing. After filing, the Registry's examination adds further time. Full administration — calling in assets, paying debts and distributing — usually adds several months.
In the Queensland Law Reporter. It is the publication approved under the Uniform Civil Procedure Rules for a notice of intention to apply for a grant. Advertising in a local newspaper is not a substitute and will not satisfy the requirement.
An executor who distributes more than 6 months after the date of death, without having received notice of an intended family provision claim, is generally protected under section 44(3) of the Succession Act 1981 (Qld). Because family provision applications can be filed up to 9 months from death, many executors wait the full nine months before distributing.
The application is for letters of administration rather than probate, and the estate is distributed under the intestacy rules in Schedule 2 of the Succession Act 1981 (Qld). The Uniform Civil Procedure Rules set an order of priority for who may apply, broadly the surviving spouse, then children, then other next of kin.
Yes. An executor is a fiduciary and is personally accountable for administering the estate properly. The clearest exposure is distributing too early: if a family provision claim succeeds after the estate has been paid out, the executor may have to make good the shortfall personally. Paying debts in the wrong order and failing to keep proper accounts also create exposure.
More information
Our Lawyers can guide your executor and family through the often complex steps following your death.
Deceased estate administration lawyers Rockhampton
Your Executors named in your Will are the persons responsible to carry out your wishes identified in your Will as well as to attend to all tasks to finalise your personal and property interests.
- Making funeral arrangements
- Protecting your assets, including valuables and animals
- Paying debts and taxes from your money or property
- Sale of any property necessary to administer your estate
- Distribution of assets as stipulated in your Will
When someone dies without leaving a Will or without nominating an Executor, an Administrator is appointed by the Court. This process is called a Grant of Administration. Legislation identifies persons who can be appointed as an Administrator and the order of priority in which these persons are appointed. Usually it is your spouse or family member. The Administrator is responsible for the same tasks as an Executor appointed by a Will.
The Succession Act stipulates who will benefit from your estate if you do not leave a valid Will.
We can also assist you with:
- Wills
- Testamentary Trusts
- Discretionary and Unit Trusts
- Business and Estate Planning
- Guardianship Matters
- Powers of Attorney
- Advance Health Directives
- Superannuation
- Applications for Probate or Grants of Administration
- Other Court Applications
- Advising Executors on their Duties
- Advising Beneficiaries on their Rights
- Estate Litigation and Disputes ( including Family Provision Applications)
- Mediations
Extensive Experience
Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.
This page is general information about the law as it applies in Queensland, current as at 2026. It is not legal advice and does not take your circumstances into account. Figures set by regulation are indexed and change. Speak to one of our lawyers before acting.