Probate is part of the legal process that happens after someone passes away. In Queensland, it confirms that a will is valid and gives the named executor permission to manage the estate. Understanding the basics of what is probate in Queensland helps families and executors know what to expect and when it’s required. This guide explains how probate works, how long it takes, and how the team at Connor Hunter supports clients through the process.For more information about our services, visit Connor Hunter.
How Probate Works in Queensland
Once the Queensland Supreme Court issues a Grant of Probate, the executor has legal authority to collect the deceased’s assets, pay debts, and distribute what’s left to beneficiaries. Not every estate needs probate. It depends on the type and value of assets and the requirements of banks or other institutions involved. Some financial organisations release funds only after seeing a Grant of Probate, while others may accept different forms of proof. The Supreme Court of Queensland handles probate applications. Everything must follow the Uniform Civil Procedure Rules 1999 and the Succession Act 1981 to ensure the process is consistent and lawful. Understanding probate in Queensland helps executors manage the estate correctly.
When Probate is Needed in Queensland
Not every estate in Queensland needs probate. In most cases, probate is required when:
- The deceased held assets in their sole name.
- The value of the assets exceeds the threshold set by banks or registries.
- Real property is registered solely in the deceased’s name.
- Superannuation or insurance funds are payable to the estate.
- Share registries ask for a Grant of Probate before releasing shares.
For more guidance on estate matters, see Wills and Estates Services, where the Connor Hunter Wynnum team provides practical support for executors and families managing estate administration.
How to Apply for Probate in Queensland
Applying for probate requires careful attention to detail. Here’s how it works:
Publish a Notice of Intention
Before applying, the executor must publish a public notice of their intention to apply for probate. This notice must appear in the Queensland Law Reporter and remain visible for at least fourteen days. It informs creditors and other interested parties, allowing time for objections.
Wait the Required Period
After the notice is published, the executor waits at least fourteen days before submitting the application.
Prepare the Application Documents
Documents required include:
- Form 105 (Application for Probate)
- The original will and any codicils
- The original death certificate
- The executor’s affidavit
- A draft Grant of Probate
- Proof of publication of the notice
All documents must be signed in front of a qualified witness, such as a solicitor or Justice of the Peace.
Lodge the Application
The executor lodges the application with the Supreme Court of Queensland. Filing can be done in person or by post. The court then reviews the documents to confirm validity.
Await the Court’s Decision
If all documents are correct and no issues arise, the court issues the Grant of Probate. This grant allows the executor to begin managing the estate. If the will contains unclear wording or physical damage, the court may request extra evidence through an affidavit of plight or condition.
How Long Does Probate Take in Queensland?
The question of how long does probate take QLD is common among executors and families. The average processing time depends on court workload, document accuracy, and the complexity of the estate.
Probate Timeline in Queensland
| Stage | Description | Typical Timeframe |
| Notice period | From publishing notice to application | 2 to 3 weeks |
| Court review | Processing by the Supreme Court | 3 to 6 weeks |
| Grant issued | Grant of Probate received | 5 to 9 weeks total |
In straightforward cases, probate takes around six to eight weeks. Complex estates, disputes, or missing documents can extend the timeframe. Delays also occur if the will is unclear or if the executor is located outside Queensland. The probate process must be complete before assets can be legally transferred or distributed. Executors should keep beneficiaries informed throughout.
Documents Required for Probate
Executors must prepare and lodge several supporting documents for a valid application:
- Original will: Confirms the testator’s final instructions
- Original death certificate: Proof of death required by the court
- Executor affidavit: Confirms executor’s identity and eligibility
- Affidavit of publication: Confirms notice of intention was published
- Draft Grant of Probate: Prepared for the court’s signature
- Schedule of assets and liabilities: Details of estate contents
Accuracy in these documents is critical. Any missing information can lead to court queries or application delays.
When Probate is Not Needed
Probate may not be required in Queensland if:
- Assets were jointly owned and pass automatically to the surviving owner
- The total value of assets is below institutional thresholds
- Superannuation or life insurance proceeds were paid directly to beneficiaries
- The deceased’s financial institution accepts alternative proof of authority
Even when probate is not compulsory, obtaining it can provide legal certainty and protect the executor from personal liability. Experienced lawyers and legal teams, like wills and estates lawyers Cleveland, can advise on whether probate is required based on the estate’s structure and assets.
Concluding
Dealing with legal matters after someone passes away is never easy. Probate is a term that often causes confusion, but it’s simply the court’s confirmation that a will is valid. Once granted, it allows the executor to sell property, close bank accounts, and distribute assets according to the will.
Probate ensures your loved one’s final wishes are respected and provides peace of mind that everything is managed lawfully and fairly.
Common Questions About Probate
Who needs to apply for probate?
The executor named in the will usually applies. If no executor is named, or there is no will, a close relative can apply for letters of administration instead.
Does every estate require probate?
Not always. Probate is mainly required for assets held solely in the deceased person’s name. Jointly owned property or low-value estates may not need it.
What happens if someone wants to contest the will?
A person with a valid interest can object before the grant is issued. Family members can also make a claim if they feel they were not properly provided for. There is a strict six-month limit from the date probate is granted to make a claim.
How does the executor manage the estate?
Once probate is granted, the executor can collect assets, pay debts, and distribute property according to the will. They are legally responsible for ensuring the estate is handled correctly.