How much does probate cost in Queensland?

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.

Do all estates require probate in Queensland?

No. Probate is only required when the institutions holding the deceased’s assets require a Grant of Probate before releasing or transferring those assets.

When is probate required?

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.

When is probate not required in Queensland?

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.

How long does probate take in Queensland?

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, which are requests for more information.

How soon should probate be applied for after death?

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.

Who applies for probate in Queensland?

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.

What happens if you do not apply for probate?

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.

What assets require probate in Queensland?

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.

Can you apply for probate yourself in Queensland?

Yes, but probate applications must comply with Supreme Court rules and document requirements. Errors can cause delays, requisitions, or rejection.

What does a Grant of Probate allow you to do?

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.

Can an executor be personally liable in Queensland?

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.

Small Businesses: 10 Must Do’s for a Strong Start to the Financial Year

Posted on 02/09/2025

The start of a new financial year is the perfect time for small business owners to take stock, reset, and set their businesses up for success. Whether you are a sole trader, family business, or growing company, having a clear plan at the beginning of the year can make all the difference.

At Fulljames Law, we work with small businesses every day and know how overwhelming this time can feel. That is why we have broken down the essential start of financial year must do’s into practical steps. These cover everything from compliance to cash flow, contracts to asset protection.

1. Review Your Business Structure and Registrations

Your business structure determines how you are taxed, your reporting obligations, and your personal liability. At the start of the financial year, review whether your current structure (sole trader, partnership, trust, or company) still works for your circumstances.

Make sure your business name and ABN are registered correctly and that any industry licences are current. If you are planning to scale, now may be the right time to consider whether a company or trust would provide more flexibility and protection.

2. Set Your Budget and Cash Flow Forecast

A budget and cash flow forecast will help you plan for the year ahead. Consider seasonal fluctuations, expected expenses, and areas for investment. Understanding when cash will flow in and out ensures you can cover your obligations and avoid unnecessary stress.

3. Review and Update Your Business Plan

Your business plan is a living document. Take time to reflect on the past year’s successes and challenges, and update your plan to align with your new goals. Think about growth opportunities, new markets, or services you could introduce, and ensure your plan supports your overall strategy.

4. Check Compliance Obligations

From workplace health and safety to industry regulations, compliance should always be on your radar. Review any changes to legislation that may affect your business. Make sure your policies, procedures, and contracts align with current requirements to reduce the risk of penalties.

5. Organise Your Bookkeeping Systems

Accurate financial records are critical for both day-to-day management and long-term planning. Review your bookkeeping systems and consider moving to cloud-based software if you haven’t already. Streamlined systems save time and money and make tax reporting much easier.

6. Review Supplier and Client Contracts

Contracts are the backbone of any business. Review your agreements with suppliers and clients to ensure they are up to date, enforceable, and reflect current arrangements. If you are relying on templates or outdated contracts, now is the time to have a lawyer review them to protect your interests.

7. Plan Your Tax Strategy Early

Tax planning should not be left until the last minute. Meet with your accountant early to review your tax position and identify opportunities for deductions, concessions, or restructuring. An early strategy can significantly reduce your end-of-year tax bill.

8. Update Payroll and Superannuation Settings

Check that your payroll system reflects any updates to award rates, minimum wage increases, or superannuation guarantee changes. Errors in payroll and super can be costly and damage staff trust, so it is important to keep everything accurate and compliant.

9. Review and Protect Your Assets

Your business assets, including intellectual property, equipment, and premises, are the foundation of your success. Review your asset protection strategy at the start of the financial year. This may include updating insurance policies, registering interests on the PPSR, or restructuring ownership to safeguard personal assets.

10. Set Up Reporting and KPIs

Tracking key performance indicators (KPIs) ensures you can measure progress against your goals. Decide what matters most for your business—whether it is revenue, customer retention, or profit margins—and put systems in place to monitor these throughout the year.

Why These Steps Matter

Small businesses often run at full speed, leaving little time for forward planning. The start of a financial year is your opportunity to step back, review, and make proactive decisions. Doing so will reduce risks, improve compliance, and give you confidence for the year ahead.

Frequently Asked Questions

1. Why is the start of the financial year important for small businesses?
It provides a clean slate to review finances, update business strategies, and ensure compliance. It sets the tone for the year and allows you to make proactive changes rather than reacting under pressure later.

2. Do I need a lawyer to review my contracts every year?
Yes, it is a good practice. Laws and regulations change, and your business circumstances evolve. A lawyer can ensure your contracts remain enforceable and continue to protect your interests.

3. How do I know if my business structure is still right for me?
Review your structure when your business grows, your personal circumstances change, or when tax or asset protection needs shift. A lawyer or accountant can advise if restructuring will benefit you.

4. What is the best way to manage bookkeeping as a small business?
Cloud-based systems such as Xero or MYOB are widely used because they simplify invoicing, payroll, and reporting. They also integrate with accountants’ systems, making compliance easier.

5. Can I plan my tax strategy without an accountant?
While you can take basic steps, an accountant is essential for complex matters. Early tax planning with professional advice ensures you maximise deductions and avoid surprises.

Final Thoughts

The start of financial year must do’s for small businesses are not just a checklist—they are an investment in your business’s success. By taking the time to review your structure, systems, contracts, and compliance, you can move forward with clarity and confidence.

At Fulljames Law, we support small businesses with legal advice on contracts, compliance, asset protection, and succession planning. If you would like tailored advice for your business, reach out to our team today.

⚖️ Disclaimer: This article is general in nature and does not constitute legal advice. You should seek professional advice tailored to your specific circumstances before acting on any information provided.