For executors
You have been appointed executor of a Queensland estate
Fixed fee $3,300 including GST for a grant of probate, $8,800 for the whole administration. Wherever you live, the file runs by email and phone.
Grant of probate
$3,300
including GST
Full estate administration
$8,800
including GST
Court filing fees and the cost of the published notice are set by others and charged at cost. No percentage of the estate, and the fee is confirmed in writing before you engage us. The estate normally pays it.
What an executor has to do
1. Secure the will and the assets
The original will, not a scan, is what the Court needs. Bank accounts, insurance and the property need to be notified and protected — including making sure the house is still insured while it sits empty.
2. Work out whether a grant is needed
We check how the property is held and what each institution will release without a grant. If you do not need one, we say so rather than sell you an application.
3. Notice, filing and the grant
Notice of intention to apply published and served on the Public Trustee, the application and your executor's affidavit prepared and filed in the Supreme Court of Queensland, and any registry requisitions answered.
4. Collect, pay, distribute and account
Assets called in, debts and tax dealt with, the transmission application and any sale of Queensland property handled in-house, then distribution and a set of estate accounts for the beneficiaries.
Where executors get personally caught
Distributing too early
Pay the beneficiaries inside six months and a later family provision claim can land on you personally. The timing rules exist for your protection — use them.
Relying on a copy of the will
Where the original cannot be found there is a presumption it was revoked. That is rebuttable, but it takes evidence and an application. Never staple, unstaple or annotate an original will.
Missing an asset held outside the estate
Superannuation and life insurance are usually paid at the trustee's discretion unless a valid binding nomination exists. Assuming the will controls them is a common and expensive mistake.
Leaving the estate exposed
Vacant homes, lapsed insurance, unlodged tax returns and unpaid rates all sit at the executor's door. We diarise them so the estate is not carrying avoidable losses.
Sydney and interstate executors
Living in Sydney with a Queensland estate to administer?
This is a large part of what we do. The house at Caloundra, the unit on the Redcliffe peninsula, the Queensland bank account and the share parcel all have to be dealt with under Queensland law and through the Supreme Court of Queensland — but you do not have to be here for any of it. Identity verification, signing and witnessing are arranged where you live, the affidavit material comes to you by email, and settlement of any Queensland property is electronic.
If a New South Wales or overseas grant has already issued, resealing in Queensland is usually the faster route. If it has not, we apply here directly. Send us the will and a list of assets and you will get a plain answer on which pathway applies, what it costs and how long it takes — before you commit to anything.
Who will handle it
Michael Klein
Legal Practice Director
Admitted 2003. Based in Redcliffe, Moreton Bay.
Read Michael's profile
Common questions
I have just been told I am the executor. What do I actually have to do?
Locate the original will, obtain the death certificate, identify and secure the assets, work out whether a grant of probate is needed, apply for it if it is, pay the debts and tax, then distribute what remains and account to the beneficiaries. You are personally answerable for getting that sequence right, which is the main reason executors instruct a solicitor.
Do I need a grant of probate at all?
Not always. Assets held as joint tenants pass by survivorship, and superannuation and life insurance often sit outside the estate. Where there is real property in Queensland in the deceased's sole name, or a bank or share holding above the institution's threshold, a grant will be required. We tell you which of those you are in before you spend anything.
Can I act as executor from Sydney or interstate?
Yes. Residence has nothing to do with your authority — the will appoints you, not your postcode. The application is made in the Supreme Court of Queensland because the assets are here, and the whole file can run by email, phone and electronic signing. You do not need to travel to Queensland.
The deceased died overseas — does that change anything?
It changes the evidence, not the pathway. Where a foreign grant exists we can usually reseal it; where the person died overseas without one, we apply for an original grant in Queensland supported by evidence of death and, if only a copy of the will survives, an application to prove the copy.
What does it cost?
Our fixed professional fee for a straightforward grant is $3,300 including GST and full estate administration is $8,800 including GST. The Supreme Court filing fee and the cost of publishing the required notice are set by others and charged at cost. No percentage of the estate.
When is it safe to distribute?
Not within six months of the date of death without accepting real risk — a family provision application can still be brought, and an executor who has already paid the money out can be left personally carrying it. We will tell you when it is safe and what to do if a claim is foreshadowed.
Do I have to attend an office?
No. Most executors deal with us entirely by email and phone. Our offices at 40 Theresa Street, Golden Beach QLD 4551 and 15 Fortune Street, Scarborough QLD 4020 are available by appointment if you would rather sit down with someone.
Probate by area
- Probate Caloundra
- Probate Golden Beach
- Probate Scarborough
- Probate Redcliffe
- Probate Caboolture
- Probate Bribie Island
- Probate North Lakes
- Probate Maroochydore
- Probate Pelican Waters
- Probate Currimundi
- Probate Baringa
- Probate Aura
- Probate Margate
- Probate Kallangur
Related pages
Send us the will and we will tell you what is needed
Call 0488 340 853 or send the will and a list of assets through. We will confirm whether a grant is required and give you the fee in writing before you commit.