Introduction
If you’ve recently lost a loved one, dealing with legal processes like probate can feel overwhelming. You might be asking, When is probate required in QLD? How long does probate take? How much does probate cost? These are common concerns for executors and beneficiaries alike.
Understanding probate in Queensland is crucial for ensuring a smooth transition of estate assets. Whether you’re an executor, a beneficiary, or just planning for the future, this guide will walk you through everything you need to know about probate in QLD—breaking down the complexities into clear, actionable insights.
In this article, we’ll answer frequently asked questions about probate, outline its importance, and provide practical guidance for navigating the process effectively.
What Is Probate?
Probate is a legal process where the Supreme Court of Queensland verifies the validity of a deceased person’s will. It confirms the executor’s legal authority to manage the estate and distribute assets as per the will.
Do You Always Need Probate in Queensland?
No, probate is not always required in Queensland. It depends on the nature of the deceased’s assets. If an estate is small, simple, and held jointly (e.g., joint bank accounts or property), probate may not be necessary. However, it becomes essential when:
- Banks or financial institutions require a probate grant to release funds.
- The deceased owned real estate solely in their name.
- There are disputes over the will.
- The estate involves significant assets that need legal confirmation before distribution.
💡 Tip: Always check with banks and other financial institutions to determine whether probate is needed before proceeding.
How Long Does Probate Take to be granted in Queensland?
The probate process in Queensland can take anywhere from 4 to 8 weeks after the application is submitted. However, the entire estate administration process can take several months, depending on factors like:
- The complexity of the estate
- The presence of disputes
- Court processing times
- The responsiveness of financial institutions
Typical Timeline for Probate in QLD
1️⃣ Notification Period (14 Days) – Before applying, you must advertise your intention to apply for probate in the Queensland Law Reporter.
2️⃣ Application Submission (2-4 Weeks) – You must prepare and file the application with the Supreme Court.
3️⃣ Processing Time (4-8 Weeks) – If there are no issues, probate is granted.
4️⃣ Estate Administration (Months to Years) – The executor distributes assets, settles debts, and finalises estate matters.
Pro Tip: If you want to speed up the probate process, ensure that all documents are correctly prepared before submission.
How Much Does Probate Cost in Queensland?
Probate costs in QLD can vary depending on legal fees, court fees, and estate size.
🔹 Queensland Supreme Court Filing Fees (as of 2025) = $793.00. You can find the Supreme Court filing fees on their website here https://www.courts.qld.gov.au/about/fees/fees-in-the-courts/supreme-court-fees
🔹 Legal Fees:
If you hire a solicitor, expect to pay anywhere between $2,000 – $5,000, depending on the estate’s complexity. Some firms may charge a fixed fee, while others charge hourly.
At Jacaranda Law we charged a fixed fee of $3,300 includng GST for an application for a grant of Probate. While we are not the cheapest, or the most epensive, we do pride ourselves on being a reliable, professional and local law firm experienced in this area of law.
🔹 Additional Costs:
- Queensland Law Reporter notice = $161.70 as oftime of writing
- Executor fees (if applicable)
- Miscellaneous administrative costs
💡 Cost-Saving Tip: If the estate is straightforward, you may not practically require probate. Contact Jacaranda Law to make a free appointment to discuss the options.
💡 Paying Costs – Tip: The Estate is responsible for paying these fees and costs. If you have paid these costs from your own pocket, keep receipts! The estate will pay you back.
Common Probate Misconceptions
1. “Probate and a Will Are the Same Thing”
No, probate is the legal validation of a will. Having a will does not automatically mean your estate does not require probate.
2. “Probate Is Always Required”
Not true. As mentioned earlier, small estates or jointly held assets often do not require probate. For example, each bank seems to have their own ‘threshold’ for when they require a grant of probate. In some cases, where a bank account holds less than their threshold, the banks will not require probate to relesase the funds to the estate. In many cases though, the bank account will hold funds over the threshold, and so banks will ask for probate.
3. “Probate Takes Years”
While some cases are complex, most probates in Queensland are granted within 8 – 12 weeks of filing the application, if there are no complications.
4. “An Executor Can Do Whatever They Want”
Executors have legal responsibilities and are open to personal responsibility. They must follow the will’s instructions and act in the best interest of the beneficiaries. Care must be taken by executors when making decisions, and legal advice is strongly recomended. Contact Jacaranda Law to make a free appointment, to make sure you are doing the right thing.
What Happens If Someone Dies Without a Will?
If a person passes away without a valid will (intestate), Queensland’s succession laws determine how their assets are distributed. The estate is managed by a court-appointed administrator instead of an executor. An eligible person, who has first priority, has to apply to the Court to become the administrator. The list of people eligible to apply to become administrator, and their priority order, is found in Regulation 610 of the Uniform Civil Procedure Rules of Queensland (1999).
Typically, once an administrator is appointed, the estate is distributed in the following order:
1️⃣ Spouse
2️⃣ Children
3️⃣ Parents
4️⃣ Siblings
This process can be more complicated and time-consuming than probate with a will. If you don’t have a will yet, consider drafting one to prevent legal issues for your loved ones. Contact Jacaranda Law to make a free appointment to discuss your estate planning.
How to Apply for Probate in Queensland
Step-by-Step Guide to Obtaining Probate in QLD
1️⃣ Publish a Notice of Intention – Place an ad in the Queensland Law Reporter at least 14 days before applying.
2️⃣ Prepare Application Documents (UCPR Form 101, UCPR Form 105 and required Certificate of Exhibit/s) – Attaching:
- The original will
- The death certificate
- An affidavit supporting your application
3️⃣ File the Application – Submit your probate application to the Supreme Court of Queensland. Recently, this has become an online process.
4️⃣ Await Court Approval – If all documents are correct, the court will usually, but not always, grant probate within 4-8 weeks.
5️⃣ Manage the Estate – Once probate is granted, the executor can:
- Close bank accounts
- Pay off debts
- Distribute assets to beneficiaries
Conclusion
Understanding probate in Queensland can help ease the stress of estate administration. If you’re an executor, start by determining whether probate is necessary, gather all required documents, and ensure everything is submitted correctly to avoid delays.
If you’re unsure, consulting a probate lawyer can save time and prevent costly mistakes. Planning ahead—by having a valid will—can also simplify matters for your loved ones.
👉 Key Takeaways:
✅ Probate is required when estates include significant assets or real estate.
✅ The process takes 4-8 weeks after submission.
✅ Costs range from $2,000 – $5,000 (including legal fees).
✅ Small estates or jointly held assets may not need probate.
✅ Having a legally valid will can prevent complications.
By staying informed, you can navigate probate with confidence and ensure your loved one’s wishes are honored.
