The death of a loved one is always a trying time. For the executor of the Will, it’s also a time of responsibility.
As executor, you have a duty to administer the estate according to the wishes of the deceased person. This typically requires you to access accounts, sell or transfer property, and distribute assets to the beneficiaries.
There are strict regulations surrounding this process. The most important requirement is the need to obtain a Grant of Probate.
In this article, we’ll discuss grants of probate, when they’re required under Queensland law, and how the process works.
Key Takeaways
- In Queensland, probate is required to validate a Will and allows the executor to administer the estate; however, not all estates need probate, especially if they are considered “low value.”
- There are three main types of grants for administering estates: Grant of Probate, Grant of Letters of Administration of the Will, and Grant of Letters of Administration without a Will, each applicable in different scenarios.
- The process of applying for probate involves publishing a notice, notifying the Public Trustee, and submitting an application to the Supreme Court of Queensland, which can take 2-3 months to finalise.

What is Probate?
Probate is a Supreme Court order that recognises the validity of a deceased person’s Will. When a person passes away with a valid Will, probate allows the deceased person’s Executor to administer the estate according to the terms of the Will.
Certain organisations that hold assets for the deceased estate (such as banks) may require a grant of probate to distribute assets to the beneficiaries.
Types of Grants
The Supreme Court of Queensland issues several types of grants over deceased estates. You may need to obtain one of these grants before you can carry out the directions contained in a valid Will.
There are three main types grants:
- Grant of Probate – This applies where there is a valid Will and one of the executor’s named in the Will is applying.
- Grant of letters of administration of the Will – This applies where there is a valid Will, but someone other than a named executor is applying.
- Grant of letters of administration without a Will – This applies where there is no valid Will. If the order is granted, the deceased estate is distributed according to the intestacy rules. That is, the estate goes to the deceased person’s next of kin.
If you apply for a grant of letters of administration, you become the Administrator of the deceased person’s estate, rather than its executor.
The Process of Applying for Probate
Applying for probate and letters of administration follows a strict procedure. We recommend working with a Wills and Estates Lawyer to ensure your application is valid.
If you’re applying for probate in Queensland, the process is as follows:
- Publish your intention to apply – A notice must be published in the QLD Law Reporter. The notice states your intention to apply for probate and gives other people the chance to object to your application.
- Notify the Public Trustee – You must provide a copy of your notice to the Public Trustee of Queensland. Wait a minimum of 7 days before filing your application.
- Give people 14 days to object – Your notice must be published in the QLD Law Reporter for a minimum of 14 days. You can file your application on the 15th day.
- Preparing an application – You are required to fill out the relevant application form. Your application also needs to include:
- The original Will and two clear photocopies of the Will
- An affidavit in support of your application
- An original death certificate
- An affidavit of publication
- Your notice of intention to apply for grant
- Speak with your lawyer for help with preparing an application. It’s crucial that your application includes the necessary documentation and forms. An incomplete or incorrect application won’t be approved, which may draw out the process and create difficulties in administering the estate.
- Filing your application – Applications for probate and letters of administration are made to the Supreme Court of Queensland. There is a filing fee that also needs to be paid.
This process typically takes 2-3 months in Queensland. It may take longer during peak times or if the Supreme Court is experiencing unusually high demand.

When is Probate Required in Queensland?
You need probate (or letters of administration) to act as the executor or administrator of most deceased estates in Queensland.
However, Queensland’s succession law is unique in that there is no specific requirement to obtain probate for every estate in Queensland. You may not need probate if:
- The estate is considered “low value”
- There is real estate that needs to be transferred to a beneficiary
- There is real estate that needs to be sold
Points 2 and 3 are covered by the Land Titles Act.
Whether an estate is considered low value is determined by the policies of the organisations that hold the estate’s assets. For example, most financial institutions consider an estate low value if its accounts have a cash value of $20,000-$50,000. This varies from one institution to another.
While you may not need probate for certain estates, we recommend obtaining a grant anyway. A grant of probate or letters of administration can save you from unexpected delays when dealing with people and organisations who hold assets for the deceased estate.

Who Can Apply for Probate?
Probate will only be granted to the executor(s) named in a valid Will. If the nominated executor is unable or unwilling to execute the estate, another personal representative can apply for letters of administration.
For example, John dies with a valid Will. The Will nominates John’s wife as the executor, but she passed away one year prior. Since there are no living executors named in his Will, one of John’s children can apply for letters of administration in order to administer the estate.
This highlights the importance of choosing your executors carefully.
Executing a Will is a serious task. In most cases, we recommend nominating more than one executor. This means your estate will be looked after in the event that your executor is unable to fulfil their duty.
It’s also a good idea to nominate a professional – like your lawyer or adviser – as executor. They will be able to manage the process and provide support to your family when it comes to matters like applying for a grant of probate.
How Soon Can an Estate Be Distributed?
We recommend not distributing an estate for at least 6 months from the date of death. In Queensland, a Will typically needs to be contested within 6 months of the date of death. Waiting 6 months before distributing the estate can help avoid tricky situations where a contested asset has already been distributed.
Contact FP Lawyers for Help With Obtaining a Grant of Probate
Obtaining a grant of probate or letters of administration can be a complex process. It’s an important part of your responsibilities as the executor of an estate, and FP Lawyers can provide support.
FP Lawyers has a team of experienced Wills and Estates Lawyers. We work with clients in Brisbane and throughout Queensland. If you have been nominated as the executor of a Will, or if you need to apply for letters of administration, our team can help. You can also learn more about how to choose an executor of your Will or estate.
Contact us to find out more, or book your Estate Planning session today.
0 comments