How to Apply for Probate in Queensland: A Step-by-Step Guide

Have a question about this? Ask the Guide → the chat widget at the bottom-right of this page can answer it. Reading time: 9 minutes | The Executor’s Guide — Plain English. Step by step. Written for the person who just found out.

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This guide covers the Queensland-specific process. For other states, see our guides for New South Wales, Victoria, Western Australia, and South Australia.

Do You Actually Need Probate in Queensland?

Not every estate in Queensland requires probate — but most do once significant assets are involved.

You may be able to proceed without probate if: the estate consists only of small bank accounts (each institution sets its own threshold — some release up to $50,000 without probate); all assets were held jointly and pass automatically to the surviving joint owner; or super and life insurance pass directly to nominated beneficiaries outside the estate.

Always call the relevant financial institutions and ask whether they require probate before assuming you don’t need it.

Step 1 — Advertise Your Intention to Apply

Queensland law requires you to publish a notice of your intention to apply for probate before lodging the application. This gives creditors and other interested parties an opportunity to come forward.

The notice must be published through the Queensland Courts website at courts.qld.gov.au. The mandatory waiting period before you can file is 14 days from the date of publication. Do not file your application before this period has elapsed — the court will reject it.

Step 2 — Gather Your Documents

The Queensland probate application requires several documents prepared carefully. Errors in any of them will result in the court returning your application with a requisition.

Required documents:

• The original will — the court requires the physical original, not a photocopy or scan
• Certified copy of the death certificate — from the Births, Deaths and Marriages Registry
• Originating Application — the formal application document, available at courts.qld.gov.au
• Affidavit of Executor — your sworn statement confirming the details of the deceased, the will, and your identity — must be sworn before a Justice of the Peace, solicitor, or other authorised witness
• Inventory of Property — a complete list of all assets and liabilities at date of death with estimated values

What Goes in the Inventory of Property

The inventory must include all assets solely in the deceased’s name and all liabilities. Assets include: real property (address, estimated current market value — use a professional valuation); bank account balances at date of death (get written confirmation from each bank); investments and shares (ASX closing price on date of death); vehicles (Redbook value); life insurance payable to the estate; personal effects of significant value; money owed to the deceased.

Liabilities include: mortgage balance, credit card balances, personal loan balances, ATO debt, Centrelink overpayments, and any other debts.

The net estate value (assets minus liabilities) determines the court filing fee.

Step 3 — Lodge the Application

Queensland probate applications can be lodged in person at a Supreme Court registry (Brisbane, Townsville, Cairns, Rockhampton), by post, or online — check the current process at courts.qld.gov.au.

Filing fee: Based on the gross value of the estate. For estates under $500,000, the fee is currently around $700–$900. For larger estates, the fee scales up. Check the current Supreme Court fee schedule as fees change.

Step 4 — Wait for the Grant

Processing time for a straightforward, properly prepared Queensland application: typically 4–8 weeks from lodgement. The court may issue a requisition — a request for additional information or corrections. Common reasons include: the notice advertising period was not correctly observed; documents are incomplete or contain errors; or the will has alterations that haven’t been addressed.

Respond to any requisition promptly. When approved, the court issues the Grant of Probate — the document that gives you legal authority to administer the estate.

Step 5 — Use the Grant

With the Grant of Probate you can access and close the deceased’s bank accounts, transfer or sell real property, deal with shares and investments, and present your authority to any institution requiring it. Make certified copies of the Grant — institutions will ask for them.

Probate Without a Solicitor in Queensland

The Queensland Supreme Court supports self-represented applicants. For a simple estate with a clear, unaltered will, competent executors regularly complete the process without legal assistance.

Consider engaging a solicitor if: the estate includes real property with complex ownership structures; the will has been altered or is ambiguous; there are disputes between beneficiaries; the estate is insolvent; international assets are involved; or a beneficiary is a minor or has a legal disability. Solicitor fees are paid from the estate.

Dying Without a Will in Queensland (Intestacy)

If the deceased died without a valid will, there is no executor. Instead, a family member applies for Letters of Administration. Queensland intestacy rules determine distribution: if there’s a surviving spouse with no children, the spouse receives everything; with a spouse and children, the spouse receives personal effects plus a statutory legacy, then half the residue, with children sharing the other half; if there’s no spouse, children share equally.

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The Executor’s Guide provides general information about estate administration in Australia. It is not legal advice. The probate process involves sworn legal documents — for any uncertainty, seek advice from a Queensland solicitor.

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Grant of Probate in Queensland — FAQs

Related guides

• Do I Need Probate? A Plain-English Guide
• What Is an Executor?
• Executor Duties in Australia: The Complete Legal Guide
• What to Do When Someone Dies in Australia