Do I need probate in Queensland?

When probate is usually required

You will generally need a grant of probate where the estate includes:

• Real property held in the deceased's sole name, or as tenants in common
• Bank accounts or share holdings above the institution's threshold — often somewhere around $20,000 to $50,000, but each institution sets its own
• Assets held by a superannuation fund or insurer that requires a grant

When you probably do not

Assets held as joint tenants — commonly the family home between spouses — pass automatically to the surviving owner by survivorship, outside the estate. Small bank balances are often released on a statutory declaration and death certificate. Superannuation with a valid binding death benefit nomination may be paid directly to the nominated beneficiary.

It is common for an estate to need no grant at all where a couple held everything jointly.

Letters of administration

If there is no will, or the named executor cannot act, the court grants letters of administration instead. The order of who may apply is set by the rules — usually the spouse first, then children. The administrator's job is much the same as an executor's, but the estate is distributed according to the intestacy rules rather than the deceased's wishes.

The process and timing

A notice of intention to apply must be published and served on the Public Trustee, and the application can be filed after the required waiting period. Where the paperwork is in order, a grant commonly issues within a few weeks of filing, so most straightforward estates see a grant somewhere in the range of six to ten weeks from the start.

Administering the estate then takes longer — collecting assets, paying debts and tax, and distributing. Executors are generally advised not to distribute within six months of death because of the family provision notice period.

What an executor actually has to do

The role is more administrative than most people expect:

• Locate the original will and secure the assets
• Identify assets and liabilities and obtain date-of-death values
• Apply for probate where required
• Pay debts, funeral expenses and any tax, including a final tax return
• Keep proper accounts and distribute to the beneficiaries

Frequently asked questions