Probate in Queensland is the court process that confirms a will and gives the executor legal authority to manage and distribute an estate.
Probate is typically required when assets held solely in the deceased’s name cannot be accessed or transferred without court authority, such as real estate, significant bank balances, or shares.
Our pricing is simple, competitive, and fully transparent:
At Fulljames Law, our fixed legal fee for a standard Grant of Probate application in Queensland is $1,485 including GST, plus the Supreme Court filing fee and advertising costs.
No. Probate is only required when the institutions holding the deceased’s assets require a Grant of Probate before releasing or transferring those assets.
Probate is required when the deceased owned assets solely in their name and those assets cannot be accessed or transferred without a Grant of Probate issued by the Supreme Court of Queensland. This commonly includes real estate, substantial bank balances, and shareholdings.
Probate is not required in Queensland where assets can be transferred without a Grant of Probate. This usually includes jointly owned assets (such as property held as joint tenants), smaller bank balances that institutions may release without probate (often under $50,000 to $100,000), and some superannuation or insurance benefits paid directly to beneficiaries. Whether probate is required ultimately depends on the policies of the asset holders, not just the size of the estate.
Probate in Queensland typically takes 6 to 10 weeks including advertising, preparation, lodgment and the court review period. The overall timeframe may be longer depending on whether the court issues requisitions (asks for more information).
There is no strict deadline to apply for probate in Queensland, but it is usually best to apply within a few months of death. Delaying probate can slow access to bank accounts, prevent property sales, and delay distributions to beneficiaries. In practice, many executors begin the process once they have the death certificate and key asset details, as early action helps avoid unnecessary delays and complications in administering the estate.
The executor named in the will is responsible for applying for probate in Queensland. If no executor is named or able to act, another eligible person may apply to the court for letters of administration instead.
If probate is not obtained when required, the executor may be unable to access or transfer assets held in the deceased’s sole name. This can delay the administration of the estate and prevent beneficiaries from receiving their entitlements.
In Queensland, probate is typically required for assets held solely in the deceased’s name that cannot be transferred without court authority. This commonly includes real estate registered in one name, shareholdings, and larger bank accounts where institutions require a Grant of Probate before releasing funds. The requirement is determined by each asset holder’s policy, meaning some assets may be accessed without probate while others cannot.
Yes, but probate applications must comply with Supreme Court rules and document requirements. Errors can cause delays, requisitions, or rejection.
A Grant of Probate gives the executor legal authority to administer the estate in accordance with the will. This includes collecting assets, paying debts, and distributing the estate to beneficiaries.
Yes, an executor can be personally liable if they fail to comply with their legal duties, distribute the estate incorrectly, or do not properly account for debts and liabilities before making distributions.
In Queensland, probate is the legal process of having a will recognised by the Supreme Court so the executor can manage and distribute the estate.
For most estates, the process involves four key steps:
The will is reviewed to confirm the executor. Information about the estate is collected, including assets (property, bank accounts, shares) and any debts.
Before applying, a notice must be published to allow creditors or other interested parties time to come forward.
The application is prepared and lodged with the Supreme Court of Queensland, including supporting documents such as the executor’s affidavit and details of the estate.
Once approved, the Court issues a Grant of Probate. The executor can then collect assets, pay debts, and distribute the estate according to the will.
When comparing probate options in Queensland, the main differences are cost, transparency, and legal oversight. Cheaper providers often focus on document preparation, while traditional firms typically charge higher, variable fees.
Fulljames Law offers fixed-fee probate in Queensland, handled by a dedicated probate team and trusted by executors across QLD. With clear pricing and no hidden costs, you get certainty from start to finish.
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Option
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Cost
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What you get
|
|---|---|---|
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Cheapest Online Providers
|
$1100
|
Lawyer Stamped, Document Preparation
|
|
Traditional Law Firms
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$1800 - $3000+
|
Lawyer-led, charging hourly
|
|
Fulljames Law
|
$1485
|
Lawyer-led, fixed fee
|
- you want a fixed, predictable cost
- you want probate handled properly by a lawyer
- you don’t want the cheapest “document-only” service
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Our compassionate and knowledgeable team provide personalised services to ensure your loved one’s estate is managed with care and efficiency.
Advertising of passing as required by Supreme Court.
Advertising of passing as required by Supreme Court.
Advertising of passing as required by Supreme Court.
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Email: enquiries@fulljameslaw.com.au
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