Dealing with a deceased loved one’s estate in Queensland? You probably want to know how long probate takes. The good news is that uncontested probate applications typically take 4 to 8 weeks to process.
The complete estate administration needs more time. Most cases take 6 to 12 months after receiving the probate grant. Queensland’s probate process follows a well-laid-out system, and several factors affect the timeline. The law requires executors to wait 6 months from the death date before distributing assets to beneficiaries. This allows time to handle potential claims.
In this article, you’ll discover what happens during Queensland’s probate process. You’ll learn what can slow things down and the quickest way to move the process forward.
What is Probate and Why is it Needed in Queensland?
The Supreme Court of Queensland officially recognises a will’s legal validity through probate. This process lets the executor(s) named in the will administer the deceased person’s estate as specified in their will. A document called Grant of Probate confirms the executor’s right to handle and distribute the deceased’s assets.
Probate isn’t always needed in Queensland, contrary to popular belief. Different financial institutions have their own rules about releasing funds without probate. Notwithstanding that, you’ll need probate in several key situations:
- To access substantial assets like large bank accounts, shares, or real estate held solely in the deceased’s name.
- When financial institutions, banks, or share registries require probate before releasing funds.
- To resolve disputes over the will’s validity or disagreements among beneficiaries.
- If the deceased owned property without a surviving joint owner and the property needs to be transferred or sold.
- When executors of smaller estates want legal protection and confirmation of their authority.
- If there is no will, and a Grant of Letters of Administration is needed instead of probate.
How Long Does Probate Take in Queensland?
The probate process in Queensland happens in two separate phases, each with its own timeline. The Supreme Court takes about 4-8 weeks to grant probate after you submit your application. This timeline works best with uncontested applications that have proper documentation.
The estate administration process takes another 6-12 months after getting the grant. Most beneficiaries wait 6-9 months for simple estates, while complex cases can take 12-18 months or longer.
Different things can make these timelines longer. The Supreme Court’s workload might slow things down, but that’s rarely the biggest issue. Here are the main reasons for delays:
- Estate complexity: Properties, businesses, or overseas assets need extra valuations and sometimes involve multiple jurisdictions
- Contested wills: Claims from family members or disputes about the will’s validity can add 6-12 months or more
- Missing documents: The court needs new submissions if original wills are lost or affidavits aren’t complete
- Unlocated beneficiaries: Finding missing heirs takes time and extensive searching
The legal process has built-in waiting periods you can’t skip. You must wait 14 clear days after advertising your intention to apply so people can raise objections. The law also requires a 6-month waiting period after death before giving anything to beneficiaries. This allows time for possible family provision claims.
Queensland courts have started using a new case management system in 2024-2025. This might cause some temporary changes to usual processing times while the core team learns the system. People who apply without a lawyer should know that mailed applications take longer than online submissions because they need to be digitised.
What Steps are Involved in the Probate Process?
The probate process in Queensland follows a well-laid-out five-step system. You must follow these steps carefully to make your application successful and avoid delays from the Supreme Court.
Your first step is to advertise your plans to apply for probate in the Queensland Law Reporter. The advertisement needs specific wording from Form 103. Make sure you keep a copy of this notice.
You need to tell the Public Trustee about your plans next. After this notification, a waiting period of at least seven days must pass before you can move forward. This gives the Public Trustee time to review your application details.
The Queensland Law Reporter notice starts a 14-day window for objections. Anyone interested can challenge your application by filing a caveat during this time. You can only proceed after the 15th day.
The fourth step focuses on gathering your documents. Here’s what you’ll need:
- Form 101 Application for Probate
- The original will (not stapled or marked in any way)
- Form 105 Affidavit Supporting Probate Application
- Original death certificate
- Form 104 Affidavit of Publication and Service
- Additional photocopies of the will
The final step requires filing your application with Queensland’s Supreme Court. Legal practitioners can now submit applications electronically through the Queensland Courts and Tribunals Online Services Portal as of November 2024. People representing themselves can file in person or by mail, though electronic grants are now standard. Remember to pay your filing fee at this point.
Court staff will review all your documents after submission. The grant of probate should arrive within the usual 4-6 week timeframe if everything checks out.
What Can Delay the Probate Process in QLD?
The probate timeline in Queensland can stretch way beyond the standard processing period due to various factors. Unexpected complications can substantially delay estate administration, even with careful preparation.
Documentation problems often bring proceedings to a halt. These include:
- Missing or damaged wills that need extra affidavits to prove authenticity
- Forms with missing signatures or incomplete information
- Wills with incorrect or inconsistent dates
- Death certificate details that don’t match other document information
Will contests cause major delays. Family provision claims or challenges about the testator’s capacity can add 6-12 months or more to the process. When an interested party lodges a caveat, the probate process stops until the dispute ends through court hearings or intervention.
Complex asset situations create substantial hurdles. Estates with properties overseas might need parallel probate processes in different jurisdictions. Business interests need specialised valuations, and multiple properties take extra time to sell or transfer.
Problems with executors add to these delays. Co-executors might have conflicts, lack experience with estate administration, or feel overwhelmed by grief. The court might need to step in and replace executors who prove unfit or negligent.
Finding missing beneficiaries creates more challenges. Executors must prove they’ve searched thoroughly for heirs, especially those who moved internationally or changed names. Estate distribution stays on hold until all beneficiaries are found or the court allows the process to continue.
The six-month statutory waiting period after death impacts timelines and allows potential claims against the estate. Executors risk personal liability if they distribute assets before this period ends and valid claims appear later.
Tax obligations make things more complex. Executors must lodge all individual and estate tax returns before final distribution to avoid personal liability for unpaid taxes.
Get Expert Advice from Qualified Solicitors
The probate process in Queensland might seem overwhelming at first, but knowing what to expect makes it easier to handle. A qualified probate solicitor’s guidance can make a big difference.
At FP Lawyers, we specialise in navigating the probate process with clarity and care, helping executors manage their responsibilities efficiently and with confidence.
Get in touch with our team today to discuss your situation and find out how we can support you through every step of estate administration.