Can an elderly executor engage a solicitor to administer an estate in Queensland?

Yes. An executor or administrator is fully entitled to engage a solicitor to carry out the legal and practical work of administering the estate, and reasonable legal costs are paid directly from estate funds. Being appointed as an executor or administering an intestate estate can be overwhelming, especially for an elderly person, someone in poor health, or a family dealing with grief. You do not have to perform the demanding paperwork and asset collection on your own.

Engaging a solicitor vs doing the work personally

An executor’s role involves numerous formal legal, financial, and administrative duties under Queensland succession law.¹ Engaging a law firm allows an executor to delegate the demanding procedural tasks while retaining ultimate decision-making authority:

• What the solicitor does: Identifies and values estate assets, publishes statutory notices, prepares and files the Supreme Court application for Probate or Letters of Administration , closes bank accounts, redeems shares, liaises with real estate agents, settles debts, and prepares formal estate distribution accounts.
• What the executor does: Reviews progress, signs formal court affidavits, gives instructions on discretionary decisions (such as sale timings or personal item allocations), and authorises final distributions to beneficiaries.

Intestate estates and coronial delays

When a person dies without a valid will (intestate), there is no executor named by the deceased:

1. Letters of Administration: A spouse, adult child, or eligible next of kin under the statutory order of priority must apply to the Supreme Court of Queensland for Letters of Administration under rule 610 of the Uniform Civil Procedure Rules 1999 (Qld).²
2. Coronial Inquiries: If the death is subject to an investigation by the Coroners Court of Queensland, issuing a formal death certificate with cause of death may be delayed. A solicitor can obtain an interim death certificate from the Registry of Births, Deaths and Marriages to begin securing assets and notifying institutions while the coronial findings are finalised.

Can an overseas family member take over administration?

If an elderly administrator finds the burden too heavy and wishes to pass the role to an adult child or relative living overseas:

• Named Executors: If an overseas relative is named as an alternate executor in a will, they can apply for probate, but administering Australian bank accounts, real estate, and tax requirements from abroad can create substantial practical delays and identity verification hurdles.
• Intestate Estates: If the deceased died without a will, the Supreme Court of Queensland prioritises applicants residing within the jurisdiction who are entitled to share in the estate.² An overseas applicant may be required to provide security or justify why a grant should be made to a non-resident.
• Power of Attorney for Probate: An overseas executor can appoint a local Australian solicitor or attorney under a limited power of attorney to apply for Letters of Administration with the Will Annexed on their behalf.

In most cases, the simplest and most cost-effective solution is for the local elderly executor to remain the formal applicant, while retaining a local solicitor to perform the operational tasks.

The risks of renouncing probate or administration

An executor who feels unable to act can formally renounce probate, provided they have not already intermeddled in the estate (such as taking possession of assets or operating accounts). However:

• Renouncing is permanent and cannot be retracted without leave of the Supreme Court.
• If all named executors renounce, the beneficiaries must navigate the more complex process of applying for Letters of Administration with the Will Annexed.
• Before renouncing, executors should consult a solicitor to see if legal assistance would alleviate the stress without the delay of a replacement grant.

For further guidance, listen to Legal Matters Episode 28 or explore our FAQ on executor duties and time limits in Queensland .

This article is general legal information only and does not constitute legal advice. If you have been appointed as an executor or need assistance with estate administration, contact Bell & Senior Lawyers on (07) 5532 8777.