Probate in Queensland takes 4-8 weeks once you file with the Supreme Court, but the full process from gathering documents to final distribution runs 6-12 months for most deceased estates.
If you’re reading this, you’ve likely just lost someone close, and now you’re the named executor facing a stack of confusing legal paperwork. The questions pile up fast: will you make mistakes? Are you doing this right?
And the pressure doesn’t stop there. Banks won’t release the deceased’s assets, and family members keep asking when they’ll receive their inheritance. Meanwhile, you’re stuck in limbo without clear answers.
Professional support can ease this burden. Securator Legal helps Queensland executors through fixed-fee probate applications that remove cost uncertainty. This article covers realistic timeframes for your grant of probate, what documents you need, the costs involved, and when you genuinely need to apply.
What Is Probate QLD and When Do You Need It?
Probate QLD is a Supreme Court order that confirms a will’s validity and gives executors legal authority to administer deceased estates.
The reason you need this grant is simple: without it, you can’t legally access bank accounts, sell property, or transfer the deceased’s assets to beneficiaries.
The Supreme Court issues the grant of probate to verify that the will is legally valid and that you, as the named executor, have the authority to handle the estate’s financial affairs.
But here’s where it gets interesting. Not all estates require probate, and if you’re wondering whether you need to apply, the answer depends on what assets the deceased person left behind.
Financial institutions typically require a grant when bank accounts hold more than $40,000. Share registries usually ask for probate when shares are worth over $15,000. And property transfers almost always need it, regardless of value.
Without probate when it’s required, you’ll face real problems. You’ll become personally liable for any mistakes in distributing the estate, banks will refuse to release funds, and property can’t be sold or transferred to beneficiaries.
One executor we worked with couldn’t even close a simple savings account because the bank insisted on seeing the grant first.
If there’s no valid will or the named executor can’t serve, you’ll need letters of administration instead. This follows a similar process through the Supreme Court but involves different forms and potentially more complicated intestacy rules.
How Long Does a Probate Application QLD Take from Start to Finish?
Most uncontested probate applications in Queensland take 4-8 weeks from filing to receiving your grant from the Supreme Court.
If this sounds like your situation, you’ll want to understand what happens during those weeks and why the full estate administration process typically runs 6-12 months. The reason is that obtaining the grant of probate is just one step in a much longer process of administering the deceased’s estate. Here’s how the timeline breaks down across each major stage:
The 14-Day Advertising Period
Before you can even file your probate application, you must publish a notice in the Queensland Law Reporter stating your intention to apply. This notice runs for 14 days and gives creditors or anyone with claims against the estate time to come forward. You also need to serve a copy of this notice to the Public Trustee at least 7 days before lodging your application with the court.
The publication fee is $161.70, and you can’t skip this step. It’s a mandatory requirement under Queensland law.
Court Processing Time (4-8 Weeks)
Once you lodge your application with the Supreme Court registry, the court takes 4-8 weeks to review everything and issue the grant. This timeline assumes your paperwork is complete and accurate. If the court finds errors or needs more information, they’ll send you a requisition, which adds weeks to the process.
The 6-Month Distribution Hold
Even after you receive your grant of probate, Queensland law recommends waiting 6 months from the date of death before distributing assets to beneficiaries. This waiting period protects you as executor from family provision claims that could arise later.
What Causes Delays?
Several common issues can push your timeline out by weeks or months. For starters, if you can’t locate the original will, the Supreme Court requires extra affidavits to prove the document’s authenticity. We’ve seen this delay applications by 4-6 weeks while executors track down witnesses or prepare statutory declarations.
Affidavit signing creates problems when you don’t follow the strict witness requirements. The court will reject your application and send it back for corrections.
When your forms contain incomplete information or details don’t match across documents, the court issues a requisition that stops everything until you fix the errors.
Family disputes over the will’s validity can derail the entire process. These contested matters often end up in mediation or court hearings that stretch the timeline beyond a year.
And if your paperwork is incomplete from the start, you’re looking at corrections and resubmissions that add months to the process.
What Documents and Steps Are Required for Grant of Probate?
Once you’ve confirmed probate is needed, the next step is gathering the right documents and following Queensland’s specific requirements. Securator Legal’s document automation system simplifies this process, but you need to understand what the Supreme Court expects before you file.
The court won’t accept incomplete applications, so having everything prepared correctly from the start saves you weeks of back-and-forth requisitions.
Original Documents You Must Provide
You need the original will, not a photocopy or scanned version. The Supreme Court keeps this document permanently in its records, so make clear photocopies for your own files before lodging.
You’ll also need the original death certificate from the Queensland Registry of Births, Deaths and Marriages. If the deceased person was married or divorced, include those certificates too.
The court requires at least two clear photocopies of the will to attach to your application forms. These copies must be legible, and any handwritten notes or amendments on the original will need to be visible in the photocopies.
Court Forms and Affidavits You’ll File
Form 101 is your main application for a grant of probate in Queensland. This form identifies the deceased, the executor, and basic details about the estate’s assets and liabilities.
Your affidavit of executor is a sworn statement confirming the will’s validity, that the deceased person has died, and that you’ll properly administer the estate according to the will’s instructions.
You also need an affidavit of publication and service proving you’ve advertised in the Queensland Law Reporter and notified the Public Trustee. An authorised person, like a Justice of the Peace, solicitor, or court registrar, must witness you signing these affidavits. The witness requirements are strict, so if you sign incorrectly, the court will reject your documents.
The Application Process
First, advertise your intention to apply in the Queensland Law Reporter. This costs $161.70 and must run for 14 days before you can file with the court. Serve a copy of this notice to the Public Trustee at least 7 days before lodging your application.
After the waiting period ends, file your complete application with the Supreme Court registry. The court filing fee is $819.90, though this drops to $149.60 if you hold a concession card. You can lodge at the Brisbane registry or regional offices in Townsville, Rockhampton, or Cairns, depending on where the deceased person lived.
The registry staff will check your documents and either accept your application or issue a requisition asking for corrections. If everything is in order, the court processes your grant within 4-8 weeks and mails the sealed probate documents to you or your solicitor.
Getting Professional Help with Your Probate Application
The best part about working with probate specialists is avoiding the paperwork errors that cause court requisitions and delay your grant by weeks.
If you’re feeling overwhelmed, professional guidance makes the process manageable. Securator Legal offers fixed-fee probate applications at $1,195 for Queensland deceased estates, including document automation, video affirmations, and transparent progress updates. The fixed fee protects you from surprise bills if your matter takes longer than expected.
You can contact Securator Legal for a free consultation to assess your situation, determine whether probate is needed, and get clear next steps without hidden costs. The firm handles applications across all Queensland Supreme Court registries.
Disclaimer:
This article is for general informational purposes only and does not constitute legal advice. Every individual’s circumstances are unique, and the information provided may not apply to your specific situation. Securator Legal does not accept responsibility for any loss, cost, or damage incurred as a result of reliance on the material in this article. For tailored advice, we strongly recommend consulting a qualified legal professional before making any decisions regarding wills or estate planning.
