Probate in Queensland: A Simple Guide for Families

Probate in Queensland is the legal process of validating a deceased person’s will and giving the executor authority to manage the estate. It is required when certain institutions, such as banks or property offices, need formal proof before releasing assets. Importantly, it also helps Executors limit personal liability for Estate claims and debts.    

Dealing with the loss of a loved one is difficult enough without the added stress of navigating legal procedures. One of the first legal steps that may be necessary is applying for probate—a process that confirms a will and authorises the executor to administer the estate. 

This guide breaks down the probate process QLD families can expect, including timelines, necessary documents, and when to seek legal help. If you’re wondering whether you need probate, how long it takes, or what steps to take, you’ll find the answers here. 

What Is Probate? 

Probate is a legal process that confirms the validity of a deceased person’s will and gives the nominated executor authority to carry out the wishes outlined in that will. In Queensland, this process is overseen by the Supreme Court. 

If the deceased left a will, the person or people named as executors in the will must apply for a "grant of probate". Once granted, this document confirms their legal authority to collect and distribute the assets of the estate. 

If there is no valid will, the process differs slightly—known as applying for "letters of administration". In this guide, however, we focus on probate Brisbane residents are most likely to encounter when a will exists. 

Do You Need Probate? 

Not all estates require probate. You may not need probate if: 

• The estate is relatively small (for example, under $50,000) 

• All assets were jointly owned (such as a house shared with a spouse) 

• The banks, super funds, or asset holders don’t require a grant of probate to release the funds 

However, you will likely need probate if: 

• The deceased owned real estate solely in their name 

• There are substantial funds held with financial institutions 

• Superannuation funds require it before releasing death benefits 

It’s important to check directly with each institution to find out their requirements. 

Regardless of the above, probate is generally always recommended because it is the tool by which Executors limit their personal liability for estate claims and debts.

Sometimes all circumstances of a deceased’s life are not known to an executor and there may be underlying claims or perhaps the estate is rife with disputes, litigation or vexatious family members.

In these circumstances, an executor that does not obtain Probate could become personally liable to meet all estate claims and debts. This protection alone warrants executors obtaining probate in almost all circumstances.  

Step-by-Step Guide to the Probate Process in QLD 

1. Confirm and Locate the Will 

Find the original signed will - ensure it's the official document, not a photocopy. Check with the deceased’s solicitor, family members, or safe storage places for the original.  

2. Obtain the Death Certificate 

Nothing can really be done for estate administration until the death certificate is available. The death certificate is ordered from Births, Deaths and Marriages Queensland and is usually arranged by the funeral director. 

3. Publish a Notice of Intention to Apply 

Follow the current court requirements to publish a compliant notice in the relevant public directory. The publication must run for at least 14 days before lodging the probate application. 

4. Prepare the Application 

Next you will need to prepare the application. The Supreme Court website offers some guidance as to the appropriate documents that are needed. Completing them correctly and in compliant form is often one of the main reasons solicitors are engaged to assist. Incorrectly drafted documents are commonly the cause for additional costs and delays.  

5. Lodge the Application with the Court 

Once the application documents are drafted, you need to file your documents with the Probate Registry at the Supreme Court of Queensland (there is one in Brisbane City). Lodgement will give rise to relevant Court filing fee (approximately $800 as of 2025). 

6. Await the Grant of Probate 

Once lodged, it will be a matter of waiting until the Supreme Court gets around to processing it. Time frames can vary due to a range of circumstances, including the seasons as more people typically pass away in winter which in turn means higher workload for the court. Common processing time would be about 8 weeks or so. 

As part of the processing of your application, the Court may request additional information or clarification. They will issue a ‘requisition’ in these circumstances and set out what has been done incorrectly or what additional clarifications or steps they need.  

What to Do After Probate Is Granted 

With the Grant of Probate, the executor can: 

• Collect funds from banks, superannuation fund or nursing home; 

• Transfer or sell real estate and shares; 

• Pay any outstanding debts or liabilities; 

• Distribute assets to beneficiaries according to the will (but recommended only to be done subject to the claim periods under the Succession Act lapsing); and 

• Prepare final statements for beneficiaries if necessary. 

Can You Apply for Probate Without a Lawyer? 

Yes, you can. Executors are allowed to handle the application themselves. However, the process can be legally complex and emotionally taxing during a difficult time. 

You should consider legal help if: 

• The will is unclear, damaged, or missing; 

• The estate includes business interests or real estate; 

• There is a chance of a family member contesting the will; 

• There is a challenge or likely challenge to the estate from a non-family member; 

• Your are unsure how to draft the relevant court documents; 

• You’re unsure about your duties and potential liabilities. 

A solicitor can ensure that everything is submitted correctly and that you are protected from personal risk during the administration. 

Costs Involved in Probate 

Costs to expect include: 

• Supreme Court filing fee: Around $800 

• Legal fees: Generally between $2,000 to $5,000 for a standard application  

• Other expenses: Certified copies, postage, advertising notices 

Legal fees are normally paid from the estate itself—not out of the executor’s own pocket. In other states like NSW, the scale of court fees and legal fees are usually based on the value of the Estate. 

Need Help Navigating Probate? 

Drakos & Company Solicitors understand the local Court requirements and offer practical legal support throughout the process for probate in Brisbane that is faced when a loved one passes.  

Contact Drakos & Company Solicitors today for practical guidance on probate, wills, and estate administration. Our experienced Brisbane team is here to support your family every step of the way.