Probate & Estate Administration

Wills & Probate

Key Takeaway

When a person dies, their estate must be administered — assets collected, debts paid, and remaining property distributed to beneficiaries.

When a person dies, their estate must be administered — assets collected, debts paid, and remaining property distributed to beneficiaries. If the deceased left a valid will, probate is the legal process of confirming the executor's authority. If there is no will, letters of administration are required. We guide executors and administrators through every step of the estate administration process.

Estate administration can be complex and time-consuming, particularly for larger estates, estates involving business interests, or where family dynamics are challenging. Our team provides practical, efficient support to executors and administrators, ensuring compliance with legal obligations and timely distribution to beneficiaries.

The Probate Application Process

Applying for probate in Queensland involves filing an application with the Supreme Court of Queensland, supported by the original will, an affidavit of the executor, and an inventory of the deceased's assets. The Court examines the application to verify the will's validity and the executor's entitlement to act. Once granted, probate provides the executor with the legal authority to collect assets, deal with financial institutions, and distribute the estate. The process typically takes 6-12 weeks depending on the complexity of the estate and the Court's workload.

Executor Duties & Obligations

Executors owe fiduciary duties to the beneficiaries of the estate, including the duty to act impartially, avoid conflicts of interest, and administer the estate with reasonable diligence. Executors must identify and collect all assets, arrange for valuations, notify and pay creditors, prepare estate accounts, and distribute assets in accordance with the will. Failure to properly administer an estate can result in personal liability for executors. We assist executors in understanding and fulfilling their obligations, maintaining proper records, and managing beneficiary communications.

Intestate Estates — When There Is No Will

When a person dies without a valid will, they die intestate, and their estate is distributed according to the statutory formula set out in the Succession Act 1981 (Qld). The rules prioritise spouses and children, with more distant relatives receiving shares only if there is no immediate family. Letters of administration must be obtained from the Supreme Court to administer the estate. Intestacy often produces outcomes that the deceased would not have intended, particularly in blended family situations or where there are non-traditional relationships. This underscores the importance of having a current will that reflects your actual wishes.

Probate & Estate Administration FAQs (Queensland Law)

How do I apply for probate in Queensland?

At our firm, probate is applied for in the Supreme Court of Queensland by the executor named in the will. The application includes the original will, an affidavit of the executor, and an inventory of the deceased assets. The process typically takes 6-12 weeks.

What are the intestacy rules in Queensland?

Under the Succession Act 1981 (Qld), our team advises that if a person dies without a valid will (intestate), the estate is distributed according to a statutory formula. The spouse receives the first ,000 plus household chattels and half the remainder; children share the other half.

How is an administrator appointed for an intestate estate?

At our firm, if there is no will, an eligible person (usually the spouse or next of kin) applies to the Supreme Court for letters of administration. The administrator has the same powers and duties as an executor under a will.

What is the timeframe for probate in Queensland?

At our firm, probate applications typically take 6-12 weeks from lodgement to grant. Executors should begin estate administration promptly after death. The estate should usually be finalised within 9-12 months of death, though complex estates may take longer.

What is the estate administration timeline?

At our firm, estate administration involves: 1) collecting assets and obtaining valuations (1-3 months), 2) paying debts and liabilities (3-6 months), 3) preparing estate accounts (6-9 months), 4) distributing to beneficiaries and finalising (9-12 months). Tax obligations must be met throughout.

Probate & Estate Administration Services

Probate application preparation and lodgement
Letters of administration applications for intestate estates
Collection and valuation of estate assets
Notification and payment of estate debts and liabilities
Income and capital gains tax lodgement for deceased estates
Transfer of real property to beneficiaries
Distribution of estate assets including cash, shares, and personal property
Executor advice and support throughout the administration
Estate accounts preparation for beneficiary approval
Application for transmission of shares and other assets
Dealing with estate litigation and contested claims
Finalisation of estate and executor discharge

Last updated: July 2026

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