Probate in Queensland, at a fixed fee

Our fixed professional fee for a straightforward grant of probate is $3,300 including GST. On top of that sit the disbursements, which are set by others and not by us — the Supreme Court filing fee and the cost of publishing the required notice. We tell you both figures in writing before we start, and the estate normally pays them.

Reviewing the will and confirming it is valid on its face, identifying the executors and assets, preparing and publishing the notice of intention to apply, serving the Public Trustee, preparing the application, affidavit and supporting material, filing in the Supreme Court of Queensland and dealing with any requisitions from the registry until the grant issues.

Usually only where the estate holds real property in the deceased's sole name, or bank, share or investment holdings above the institution's threshold. Assets held as joint tenants pass automatically to the surviving owner, and superannuation and life insurance often sit outside the estate entirely. We will tell you honestly if you do not need a grant rather than sell you one.

The notice of intention to apply must be published and served on the Public Trustee, and the application cannot be filed for at least 14 days after that. Where the paperwork is in order, a grant commonly issues within six to ten weeks of starting. Collecting the assets and distributing the estate takes longer again.

Then the application is for letters of administration rather than probate, and the person entitled to apply is determined by the intestacy rules. The process, the notices and our fixed fee are the same, but there is more work identifying and evidencing the entitled next of kin.

Probate is the court's confirmation that the will is valid and the executor may act — on its own that is the $3,300 fixed fee. Full estate administration is everything: obtaining the grant itself, then closing accounts, transferring or selling property, dealing with superannuation, insurers and the ATO, paying debts, preparing estate accounts and distributing to beneficiaries. That is one all-inclusive fixed fee of $8,800 including GST, covering up to 3 bank accounts, the retirement village exit or one property transfer, and distribution to up to 6 beneficiaries — more complex estates quoted.

You can. The registry issues requisitions for defective material, and executors are personally liable for getting distribution wrong — including distributing within six months of death while a family provision claim is still on foot. If the estate is simple and you have the time, self-filing is possible; most executors would rather not carry the risk.

No. Some firms and trustee companies charge a percentage of the estate value, which means the fee rises with a beachfront house that took no extra work. We charge a fixed professional fee for the grant and a scoped fee for administration.