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Queensland

Probate and deceased estate administration in Queensland

How to give notice, apply for a grant of probate or letters of administration in the Supreme Court of Queensland, and administer and distribute a Queensland deceased estate.

Checked against official sources on 8 Nov 2026. General information, not legal advice. No lawyer or solicitor has reviewed this page.

Overview

In Queensland the Supreme Court makes grants of representation. Probate is granted to the executor appointed by a valid will. Letters of administration with the will are granted where there is a will but no executor able or willing to act, and letters of administration on intestacy are granted where there is no will. A grant made in another Australian state or territory, New Zealand or the United Kingdom can be resealed so that Queensland assets can be collected and transferred.

Three laws matter most. The Succession Act 1981 (Qld) contains the law of wills, the intestacy rules in Part 3 and Schedule 2, the family provision regime in section 41, and the protection for personal representatives in section 44. The Uniform Civil Procedure Rules 1999 (Qld) set out the procedure, including the notice of intention to apply in rules 598 and 599 and the caveat rules in rules 624 to 628. The Trusts Act 2025 (Qld), which replaced the Trusts Act 1973 on 28 April 2026, supplies many of the powers and protections an executor or administrator relies on.

Before you can file in Queensland you must take two notice steps: publish a notice of intention to apply in the Queensland Law Reporter, and give a copy of that notice to the Public Trustee of Queensland. Each has its own waiting period. This page explains that sequence, the Queensland intestacy shares, and the six and nine month periods that decide when it is safer to distribute. It is general information, not legal advice.

Who this is for

  • You are an executor and a Queensland bank or Titles Queensland wants a grant before releasing or transferring assets
  • A relative died without a will and you need letters of administration in Queensland
  • The executor named in the will has died, renounced or cannot act
  • You have been told you must advertise in the Queensland Law Reporter and notify the Public Trustee
  • You need to sell or transfer a Queensland property held in the deceased's sole name
  • Someone has given you written notice that they intend to make a family provision application
  • You are an executor trying to work out when it is safe to pay the beneficiaries
  • A grant was made interstate, in New Zealand or in the United Kingdom and you need it resealed for Queensland assets
LegislationShow
  • Succession Act 1981 (Qld) (QLD)

    The central Queensland Act. It covers wills, the distribution of an intestate estate in Part 3 and Schedule 2, family provision applications under section 41 (which must be started within 9 months of the death unless the Court directs otherwise), the duties of personal representatives in section 52, executor's commission in section 68, and the protection in section 44 for a personal representative who distributes not earlier than six months after the death without notice of a claim.

  • Uniform Civil Procedure Rules 1999 (Qld) (QLD)

    Chapter 15 governs grants. Rules 598 and 599 require a notice of intention to apply to be published in an approved publication at least 14 days before filing, and a copy to be given to the Public Trustee at least 7 days before filing. Rules 602 and 609 say what the supporting affidavit must contain, rule 612 stops a grant on intestacy within 30 days of the death unless it is urgent, and rules 624 to 628 deal with caveats.

  • Trusts Act 2025 (Qld) (QLD)

    Queensland's trustee legislation, in force from 28 April 2026, which replaced the Trusts Act 1973. A personal representative counts as a trustee under it. Section 135 lets you publish a notice calling for claims against the estate by a closing day at least 2 months after publication, and section 136 protects you if you then distribute having regard only to the claims you know about.

  • Public Trustee Act 1978 (Qld) (QLD)

    Establishes the Public Trustee of Queensland, which must be given a copy of the notice of intention to apply for a grant, and which can act as executor or administrator of a Queensland estate.

  • Land Title Act 1994 (Qld) (QLD)

    Governs how a death is dealt with on a Queensland land title. Section 111 sets when Titles Queensland can register a personal representative. Without a grant, this is possible where there is a will and the applicant is, or is entitled to be, the personal representative. Where there is no will, it is possible only if the gross value of the Queensland estate is no more than $300,000 and no letters of administration have been granted in Queensland within 6 months of the death.

  • Income Tax Assessment Act 1936 (Cth) (CTH)

    Contains the trust taxation rules applying to a Queensland deceased estate, including the treatment of income to which a beneficiary is presently entitled.

  • Bankruptcy Act 1966 (Cth) (CTH)

    Part XI allows an insolvent deceased estate to be administered in bankruptcy rather than by the personal representative under state law.

Courts and tribunalsShow
  • Supreme Court of Queensland - wills and probate

    Makes all Queensland grants of probate, letters of administration and reseals. Self-represented applicants file in person or by post at the Brisbane, Cairns, Rockhampton or Townsville registry, and the grant is emailed. Its website publishes the official step-by-step guidance, the forms and a troubleshooting guide.

  • Queensland Law Reporter - probate notices

    The approved publication for the notice of intention to apply. It comes out every Friday except over the Christmas and New Year break (in 2026, from 16 January to 18 December), and notices are lodged and paid for through the ICLRQ online customer portal by 3:30 pm on the Monday before. The notice must appear in an edition published at least 14 days before the application is filed. ICLRQ enquiries: (07) 3236 1855.

  • Public Trustee of Queensland

    Must be given a copy of the notice of intention to apply (phone 1300 360 044). Also administers deceased estates for a fee, offers free will-making, can store original wills it has made, and can act as executor or administrator.

  • Titles Queensland

    Records the death of a joint tenant on a land title (Form 4 Request to Record Death) and registers transmission applications (Form 5 with a grant, or Form 5A without one) by which a personal representative becomes the registered owner of land the deceased held alone or as a tenant in common.

  • Queensland Civil and Administrative Tribunal

    Can appoint an administrator for an adult with impaired capacity under the Guardianship and Administration Act 2000, which can be relevant where an executor or beneficiary loses capacity.

ProcessShow

  1. 01Find the will and obtain the death certificate

    Locate the original will and any codicils. Check the deceased's papers, their solicitor and their bank, and ask the Queensland Public Trustee whether it holds an original will. Order a certified copy of the death certificate from the Queensland Registry of Births, Deaths and Marriages. The court keeps the certified copy you file, so order extra copies for banks and other asset holders.

    Typical timeframe: Varies

  2. 02Identify and value the estate

    Obtain date of death balances from banks, funds and share registries, obtain a valuation or appraisal of any real property, and list liabilities including tax, rates, body corporate levies and credit facilities.

    Typical timeframe: Varies with the size of the estate

  3. 03Publish the notice of intention to apply

    Prepare the notice using the wording in Form 103 and lodge it through the ICLRQ online customer portal for publication in the Queensland Law Reporter. The notice must appear in an edition published at least 14 days before the day you file. It can also call for claims against the estate under section 135 of the Trusts Act 2025.

    Typical timeframe: At least 14 days

  4. 04Give a copy of the notice to the Public Trustee

    Give the Public Trustee of Queensland a copy of the notice by post, email, fax or in person, and wait at least 7 days after the Public Trustee receives it before filing. This step runs alongside the 14 day publication period, not after it.

    Typical timeframe: At least 7 days after receipt

  5. 05File the application in the Supreme Court

    Complete the forms electronically, not by hand. File the application (Form 101, or Form 102 on intestacy), the supporting affidavit with a certified copy of the death certificate and a copy of any will as exhibits, the affidavit of publication and service (Form 104) and the original will, if there is one, and pay the filing fee. Self-represented applicants file in person or by post at the Brisbane, Cairns, Rockhampton or Townsville registry.

    Typical timeframe: After both waiting periods end

  6. 06Registry examination and grant

    Court staff review the papers. If something is missing or wrong, the registry sends a requisition, which you usually answer with a further affidavit. If no caveat has been filed and the papers are in order, the grant is issued and emailed to you. Papers filed in person or by post are digitised first, which adds time.

    Typical timeframe: Varies; paper filings take longer

  7. 07Administer, settle liabilities and distribute

    Collect the assets, lodge tax returns, pay debts and expenses, then distribute. The six month protection in section 44 and the nine month family provision period drive the timing. The Queensland Public Trustee says an estate usually takes about 12 months on average to finalise.

    Typical timeframe: About 12 months on average

Parties

  • Executor

    The person appointed by the will to administer the Queensland estate. Applies for probate and is personally responsible for the administration.

  • Administrator

    A person appointed by the Court where there is no will or no executor able and willing to act. On intestacy the Court follows an order of priority that starts with the surviving spouse and then the children (UCPR rule 610).

  • Beneficiary

    A person entitled under the will or under Part 3 and Schedule 2 of the Succession Act 1981 (Qld).

  • Family provision applicant

    A spouse, child (including a stepchild or adopted child) or dependant who may apply under section 41 of the Succession Act 1981 (Qld) for further provision from the estate.

  • Creditor

    A person or business owed money by the deceased, who must be paid before beneficiaries receive anything.

  • Public Trustee of Queensland

    Must be given a copy of the notice of intention to apply, and may act as executor or administrator of the estate.

  • Registrar of the Supreme Court

    Examines the application, may make inquiries and require answers by affidavit, and makes the grant where the papers are in order and no caveat is in force (UCPR rules 600 and 601).

Time limits

These are general time limits described in prose. This page does not calculate a deadline for your matter.

  • Notice in the Queensland Law Reporter

    The notice of intention to apply must appear in an edition published at least 14 days before the application is filed

    Source: rr 598(1) and 599(2) Uniform Civil Procedure Rules 1999 (Qld); Queensland Courts guidance

  • Copy of the notice to the Public Trustee

    Give the Public Trustee of Queensland a copy at least 7 days before filing. Queensland Courts says to wait at least 7 days after the Public Trustee receives it

    Source: r 598(2) Uniform Civil Procedure Rules 1999 (Qld); Queensland Courts guidance

  • Grant on intestacy

    The Court must not make a grant on intestacy within 30 days after the death unless urgent circumstances justify it

    Source: r 612 Uniform Civil Procedure Rules 1999 (Qld)

  • Family provision proceedings

    Proceedings must be started within 9 months after the death unless the Court directs otherwise

    Source: s 41(8) Succession Act 1981 (Qld)

  • Protected distribution with no notice of a claim

    A personal representative is protected for a proper distribution made not earlier than 6 months after the death without notice of an application or intended application. Notice counts only if it is in writing and signed by the claimant or their solicitor, and it removes this protection if it reaches the personal representative before the distribution

    Source: s 44(3)(a) and (4) Succession Act 1981 (Qld)

  • Protected distribution after notice of a claim

    If notice of a claim has been received, the protection applies to a proper distribution made not earlier than 9 months after the death, unless the personal representative has received written notice that the application has been started or has been served with it

    Source: s 44(3)(b) Succession Act 1981 (Qld)

  • Caveat

    A caveat lasts 6 months and can be renewed. The caveator must file a notice to support it by the date in the registrar's notice, which is no later than 8 days after service; otherwise the registrar may deal with the application as if there were no caveat

    Source: rr 624(4) and 625 Uniform Civil Procedure Rules 1999 (Qld)

  • Executor's year and interest on legacies

    The estate must be distributed as soon as may be, and the general law principle of the executor's year is preserved. A general legacy carries interest from the first anniversary of the death at 8% a year, or another rate the Court sets, unless the will says otherwise

    Source: s 52(1)(d), (1)(e) and (1A) Succession Act 1981 (Qld)

Costs and helpShow

Queensland probate costs have four parts. First, the Supreme Court filing fee: from 1 July 2026 it is $847.60 to file an application for probate or letters of administration, and the same to apply to reseal a grant. It is a single fee that does not depend on the value of the estate, and court fees usually rise each 1 July. Second, the Queensland Law Reporter advertising fee, currently $161.70 including GST per notice. Third, legal fees if you use a solicitor, which are usually paid from the estate; ask for a written estimate before you start. Fourth, administration expenses such as valuations, title searches, insurance, accountancy and transferring land. Executors can be reimbursed for properly incurred expenses. A family member or friend acting as executor is paid commission for their time only if the will allows it, the beneficiaries agree, or the Court authorises it under section 68 of the Succession Act 1981 (Qld). Since 28 April 2026, an executor whose profession or business includes acting as a trustee can also charge their usual professional fees under section 159 of the Trusts Act 2025, unless the will provides for their payment or says otherwise. The Queensland Public Trustee charges on a fee-for-service basis and publishes its fees for applying for a grant, which are worth comparing with a solicitor's quote for a simple estate.

Legal Aid Queensland

Legal Aid Queensland says it does not give legal help about wills or deceased estates, so it will not prepare a probate application. If you are making a civil claim about a will or estate, you may be eligible for its Civil Law Legal Aid Scheme. Its legal information line is 1300 65 11 88.

Where to get help

Practical guidanceShow

How do the two Queensland notice steps work?

Queensland requires two things before you can file. First, publish a notice of intention to apply in the Queensland Law Reporter, using the wording in Form 103. The notice must appear in an edition published at least 14 days before the day you file. The Law Reporter comes out every Friday, and notices are lodged and paid for through the ICLRQ online customer portal by 3:30 pm on the Monday before. There is no edition over the Christmas and New Year break: in 2026 the last edition is on Friday 18 December. Second, give a copy of the notice to the Public Trustee of Queensland and wait at least 7 days after it is received. The two periods run at the same time, so the 14 days usually controls if you send the Public Trustee its copy promptly. Your affidavit of publication and service (Form 104) must prove both steps, so keep the published notice and proof of delivery. If the notice is wrong, for example a known alias is missing, the date of the will is wrong or the wrong form was used, the court's troubleshooting guide says you must advertise again and give the Public Trustee a fresh copy, which restarts the waiting periods. The same notice can also call for claims against the estate under section 135 of the Trusts Act 2025, with a closing day at least 2 months after publication.

When is it safe to distribute a Queensland estate?

Section 44 of the Succession Act 1981 (Qld) protects a personal representative who makes a proper distribution not earlier than six months after the death, as long as they have not received written notice of a family provision application or intended application. If written notice has been received, the protection applies only to a distribution made not earlier than nine months after the death, and not if you have been told in writing that proceedings have started or you have been served. Separately, section 41(8) says family provision proceedings must be started within nine months of the death, although the Court can allow a late claim. Put together, section 44 gives no time-based protection to a distribution made in the first six months. After six months it protects a proper distribution if no written notice of a claim has been received. Once written notice has been received, it protects a distribution only from nine months, and not once the personal representative has been told in writing that proceedings have started or has been served. A distribution made to maintain a dependent spouse or child, or one a potential claimant has agreed to in writing, is also protected. Because a protected distribution can happen from six months, a person thinking of making a claim who wants to stop that needs their written notice, signed by them or their solicitor, to reach the personal representative before then.

What are the Queensland intestacy shares?

Part 3 and Schedule 2 of the Succession Act 1981 (Qld) set the shares. If the intestate leaves a spouse and no children or other issue, the spouse takes the whole residuary estate. If the intestate leaves a spouse and issue, the spouse takes the household chattels (furniture and household items, but not cars, boats or jewellery) and the first $150,000 of the residuary estate, plus one half of what is left if there is only one child or one child's line of descendants, and one third if there are more. The children take the rest in equal shares, with a child who died before the intestate represented by their own children. Where there is no spouse, the estate goes to the issue, then to the parents, then to brothers and sisters (and the children of any who died first), then to grandparents, then to aunts and uncles (and the children of any who died first), and if none of them survive, to the Crown. A person must survive the intestate by 30 days to inherit under these rules (section 35(2)). Section 36 sets out how an entitlement is divided where there is more than one surviving spouse.

Do you need a grant for a Queensland estate?

Not always. When a joint tenant dies, the survivor records the death with Titles Queensland using a Form 4 Request to Record Death, and the land does not form part of the estate. Jointly held bank accounts usually pass to the survivor. Superannuation is paid by the fund trustee under the fund rules or a valid binding nomination and is not an estate asset unless it is paid to the estate. For what remains, each bank, fund and share registry sets its own rules for releasing money without a grant, often against a statutory declaration and indemnity, and those rules differ. Write to each institution early, tell them the value of the holding, and ask in writing what they need. Land in the deceased's sole name or held as a tenant in common is transferred by a transmission application: a Form 5 if there is a grant. Section 111 of the Land Title Act 1994 (Qld) also allows a Form 5A transmission without a grant in two situations. Where there is a will, the applicant must be, or be entitled to be, the personal representative, and Titles Queensland may ask for more evidence that the will is valid. Where there is no will, the gross value of the Queensland estate, not counting property held as a joint tenant, must be no more than $300,000, no letters of administration can have been granted in Queensland within six months of the death, and Titles Queensland must consider that the applicant would succeed in an application for a grant. Ask Titles Queensland or a lawyer before assuming you can do without a grant.

What happens if someone lodges a caveat in Queensland?

A caveat is an objection filed in the Supreme Court registry, and while it is in force the registrar cannot simply make the grant. It lasts 6 months and can be renewed. When one is filed, the registrar sends a notice to the person who filed it (the caveator) and to you. The caveator must then file a notice to support the caveat, stating their interest in the estate, by the date in that notice, which is no later than 8 days after it was served. If they do not, the registrar may continue with your application as if there were no caveat. If they do, your application cannot go further until the caveat is withdrawn or set aside. You can apply to the Court to set it aside, or start a proceeding against the caveator asking for the grant. Caveats are usually filed by someone who says the will is invalid, that a later will exists, or that the applicant is not entitled to the grant. Get legal help quickly if a supported caveat is filed. A caveat is different from a family provision application, which accepts the will is valid but says it did not make adequate provision.

How should a Queensland executor handle tax, property and records?

Notify the Australian Taxation Office of the death. Usually the executor or administrator, as the authorised legal personal representative, deals with the ATO and lodges the returns. Lodge any outstanding returns for earlier years, then the date of death return, which covers 1 July of the income year of death up to the date of death, and then trust tax returns for income the estate earns after the death. For Queensland land in the deceased's sole name, lodge a transmission application with Titles Queensland so you are registered as personal representative before selling or transferring, and check rates, land tax and body corporate levies. Keep a dedicated estate bank account and a running record of every receipt and payment. A beneficiary can ask for an estate account and can apply to the Supreme Court for an order that one be filed and passed (UCPR rules 645 to 649), so complete records make it easier to answer a beneficiary's questions or a complaint.

Checklist

  • Original will and any codicils, unmarked and with nothing attached
  • Certified copy of the death certificate for the court (it is kept on file), plus extra copies for asset holders
  • Notice of intention to apply (Form 103) as published in the Queensland Law Reporter
  • Proof of the date the Public Trustee of Queensland received a copy of the notice
  • Application for probate or letters of administration with the will (Form 101) or on intestacy (Form 102)
  • Supporting affidavit (Form 105, 106 or 109) with a copy of the will and the death certificate as exhibits
  • Affidavit of publication and service (Form 104)
  • Certificate of exhibit (Form 47) for each exhibit
  • List of assets and debts with date of death balances from banks, funds and share registries
  • Property valuation, rates notice and title search
  • Copies of the grant for asset holders, who can check it with the court's online verification tool
  • Estate accounts and receipts from beneficiaries

Common questions

How long does probate take in Queensland?

There is no fixed timetable, but the rules set some minimums. The Queensland Law Reporter notice must appear at least 14 days before you file, the Public Trustee must have had its copy for at least 7 days, and on an intestacy the Court will not make a grant within 30 days of the death unless it is urgent. After filing, the time depends on whether the registry raises a requisition and how you filed: papers filed in person or by post are digitised first, which adds time. A caveat can add months. For the whole administration, the Queensland Public Trustee says an estate usually takes about 12 months on average to finalise.

Do I have to advertise in the Queensland Law Reporter?

Yes. The notice of intention to apply must be published in the Queensland Law Reporter in an edition published at least 14 days before the day you file, and the current advertising fee is $161.70 including GST. You must also give the Public Trustee of Queensland a copy of the notice and wait at least 7 days after it is received. Your affidavit of publication and service must prove both steps, so keep the published notice and the delivery record. The Court can excuse the published notice only in urgent circumstances.

When can a Queensland executor safely distribute?

Section 44 of the Succession Act 1981 (Qld) protects a personal representative who makes a proper distribution not earlier than six months after the death and without written notice of a family provision application or intended application. If you have received written notice of a claim, the protection applies only from nine months after the death, and not if you have been told in writing that the claim has been started or you have been served with it. Proceedings must be started within nine months of the death unless the Court allows more time. So where notice has been given, the protection depends on the nine months having passed and on whether proceedings have been started.

Who inherits if there is no will in Queensland?

Under Schedule 2 of the Succession Act 1981 (Qld), a spouse with no surviving children or other issue takes the whole residuary estate. A spouse with children takes the household chattels and the first $150,000, plus one half of the rest if there is one child or one child's line of descendants, or one third if there are more, with the children sharing the balance. If there is no spouse the estate passes to children, then parents, brothers and sisters, grandparents, and aunts and uncles, and finally to the Crown.

What is a caveat in a Queensland probate application?

A caveat filed in the Supreme Court registry stops the registrar from making the grant. It lasts 6 months and can be renewed. The person who filed it must file a notice to support it by the date in the registrar's notice, no later than 8 days after service, or the registrar may continue as if there were no caveat. If it is supported, your application cannot go further until the caveat is withdrawn or set aside, so you may need to apply to the Court to set it aside or start a proceeding asking for the grant. Get legal help promptly.

Do I need a lawyer to apply for probate in Queensland?

No. Queensland Courts publishes step-by-step guidance, forms and a troubleshooting guide for people applying without a lawyer, and self-represented applicants can file in person or by post. Legal help is worth considering where the will is informal, lost or damaged, an executor cannot act, a caveat is filed or threatened, notice of a family provision claim has been given, the estate is or may be insolvent, or the estate holds a business or foreign assets.

Can a grant from another state be used in Queensland?

A grant made in another Australian state or territory, New Zealand or the United Kingdom can be resealed by the Supreme Court of Queensland so that it has effect here. You file an application (Form 112) and affidavit (Form 113) with the original grant or an exemplification bearing the seal of the court that made it. You only need to publish a notice and notify the Public Trustee if the deceased had debts owing in Queensland or the Court requires it. The filing fee is the same as for a new grant. Check the court's reseal page if the grant came from somewhere else.

Sources

  1. Apply for a grant of administration - Queensland Courts (accessed 8 Nov 2026)
  2. Troubleshooting guide for grant applications - Queensland Courts (accessed 8 Nov 2026)
  3. Apply to reseal a grant of administration - Queensland Courts (accessed 8 Nov 2026)
  4. Supreme Court fees - Queensland Courts (accessed 8 Nov 2026)
  5. Uniform Civil Procedure (Fees) Regulation 2019 (Qld) - Queensland Legislation (accessed 8 Nov 2026)
  6. Probate Notices - Queensland Reports (accessed 8 Nov 2026)
  7. How to advertise - Queensland Reports (accessed 8 Nov 2026)
  8. Succession Act 1981 (Qld) - Queensland Legislation (accessed 8 Nov 2026)
  9. Uniform Civil Procedure Rules 1999 (Qld) - Queensland Legislation (accessed 8 Nov 2026)
  10. Trusts Act 2025 (Qld) - Queensland Legislation (accessed 8 Nov 2026)
  11. Land Title Act 1994 (Qld) - Queensland Legislation (accessed 8 Nov 2026)
  12. Land Title Practice Manual Part 5 - Transmission Applications - Titles Queensland (accessed 8 Nov 2026)
  13. How to administer a deceased estate - Queensland Public Trustee (accessed 8 Nov 2026)
  14. Our Wills service - Queensland Public Trustee (accessed 8 Nov 2026)
  15. Queensland Public Trustee (accessed 8 Nov 2026)
  16. Wills and deceased estates - Legal Aid Queensland (accessed 8 Nov 2026)
  17. Time limits under the Uniform Civil Procedure Rules 1999 (Qld) - LawRight (accessed 8 Nov 2026)
  18. Deceased estates - Australian Taxation Office (accessed 8 Nov 2026)
  19. Doing a final tax return for the deceased person - Australian Taxation Office (accessed 8 Nov 2026)
This is general legal information, not legal advice. It does not claim that a solicitor has reviewed this page for your situation, and it does not create a solicitor-client relationship.

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