What is Probate and is it always necessary in Queensland?

Typically, the first question an Executor asks is: “Do I need Probate?”

Probate is an official order from the Supreme Court of Queensland that certifies:

1. The deceased has died.
2. The Will is the last valid Will.
3. The Executor named is the lawful person to administer the estate.

When is Probate Required?

Probate is technically optional, but practically essential for many assets.

1. Real Estate

If the deceased owned property (house or land) in their sole name or as tenants in common, Titles Queensland requires Probate to transfer the land to the Executor (Transmission Application).

• Exception: If property was owned as “Joint Tenants,” it passes automatically to the survivor by “survivorship,” and Probate is not needed.

2. Bank Accounts

Each bank has a threshold (usually $30,000 – $50,000). If the deceased had funds above this amount in a sole account, the bank will freeze the funds until they see a Grant of Probate. This protects the bank from paying the wrong person.

3. Aged Care Bonds (RADs)

Refundable Accommodation Deposits are often large sums ($300k+). Aged care facilities almost always require Probate to release these funds.

The Application Process

Getting Probate is a strict procedural process that takes 6–10 weeks.

1. Advertising: We must publish a “Notice of Intention to Apply for Grant” in the Queensland Law Reporter (QLR). This gives creditors and claimants 14 days to object.
2. Documents: We prepare the Application, Affidavit of Executor, and Affidavit of Publication.
3. Filing: We file the original Will and documents with the Supreme Court Registry (Filing fees apply, currently ~$800).
4. Grant: The Registrar reviews the documents. If correct, the sealed Grant of Probate is issued.

Related Topics

• How long does Probate take?
• Superannuation Death Benefits
• Role of an Executor
• Can a Will be challenged?
• Wills & Estates Practice Area

Executor Support

Bell & Senior can handle the entire Probate application for you. We also offer “Probate Only” services where we get the Grant, and you handle the rest of the administration.

Need to apply? Contact our estates team to start the notice period. Call (07) 5532 8777.