When is a Grant of Probate required in Queensland?

When a loved one passes away, the Executor must figure out whether they need to apply to the Supreme Court of Queensland for a Grant of Probate. Probate is the court’s official recognition that the Will is legally valid and that the Executor is authorised to deal with the assets.

A common misconception is that there is a single statutory monetary threshold in Queensland that triggers the need for Probate (e.g., “any estate over $50,000”). This is incorrect. There is no single legal threshold. Instead, the requirement for Probate depends entirely on the types of assets the deceased owned and the internal policies of the institutions holding those assets.

Here is a breakdown of when Probate is required.

1. Real Estate (Houses and Land)

If the deceased owned real estate in Queensland either in their sole name or as tenants-in-common, Titles Queensland will always require a Grant of Probate to transfer the property title to the Executor or the beneficiaries.

Exception: If the property was owned as “Joint Tenants,” the property automatically passes to the surviving owner via the right of survivorship. In this case, Probate is not required to transfer the title; you simply register a Record of Death.

2. Bank Accounts

Banks freeze accounts upon learning of a death to prevent unauthorised withdrawals. To release the funds to the Executor, banks have their own internal monetary thresholds.

• For the major banks, this threshold is typically between $50,000 and $100,000.
• If the total balance held with that specific bank exceeds their threshold, they will demand Probate.
• If the balance is below the threshold, they will often release the funds upon receiving a certified copy of the Will, a Death Certificate, and a signed indemnity form from the Executor.

3. Aged Care Refundable Accommodation Deposits (RADs)

When entering an aged care facility, many people pay a substantial Refundable Accommodation Deposit (often $300,000 to $800,000). Because these are large sums, aged care providers almost always require a Grant of Probate before they will release the RAD refund to the estate, regardless of the provider.

4. Shares and Equities

Share registries (like Computershare or Link Market Services) have much lower thresholds than banks. Typically, if the deceased held shares in a single company valued above $15,000 to $25,000, the registry will require Probate to transfer or sell the shares.

5. Superannuation

Superannuation does not automatically form part of the deceased estate.

• If the deceased had a valid Binding Death Benefit Nomination (BDBN), the super fund must pay the balance directly to the nominated beneficiary. Probate is usually bypassed.
• If there was no BDBN, the super fund trustee decides who receives the money. If the balance is large and they decide to pay it to the “Legal Personal Representative” (the estate), they will likely require a Grant of Probate.

Summary: Do You Need Probate?

If the estate consists of a few small bank accounts, no real estate, and some personal items, you may be able to administer it entirely without Probate using indemnity forms. However, if there is a house, significant bank balances, or aged care bonds involved, Probate is unavoidable.

Related Topics

• What is Probate and is it always necessary in Queensland?
• Does my Enduring Power of Attorney end when I die?
• What powers should I give my Executor in my Will?

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1. Succession Act 1981 (Qld)
2. Uniform Civil Procedure Rules 1999 (Qld)