When is probate required in Queensland, and can you avoid it?
Probate is not needed for every Queensland estate, and no law sets a general dollar threshold. Whether you need a grant depends on how each asset was owned and whether...
An executor is the person a will names to manage the estate, and in Queensland the role starts at death, not when probate is granted. The main jobs are to protect the assets, pay the debts and distribute the rest. Payment for the executor's time usually needs the will, the beneficiaries' agreement or a court order.
An executor is the person a will names to carry out its instructions. In Queensland, the estate passes to the executor when the person dies, so the role starts then, not when probate is granted. The executor’s main jobs are to find and protect the assets, pay the debts and distribute what is left under the will. Executors can be repaid reasonable expenses. Payment for their time usually needs the will, the beneficiaries’ agreement or a court order.
In this guide: What an executor is; Who can be one; Duties; First steps; Probate; Payment; Saying no; Mistakes; FAQs.
Queensland law as at September 2026.
An executor is the person named in a will to manage the estate after the will-maker dies. Queensland law calls executors and administrators “personal representatives” (Succession Act 1981 (Qld) s 5). If there is no will, or no executor able and willing to act, someone else, often a family member or the main beneficiary, applies to the Supreme Court of Queensland for letters of administration instead.
At death. The property passes to the executor when the person dies (s 45(1)), and the executor’s powers run from the death (s 49(1)). Once the court makes a grant, only the people named in it can act (s 49(2)). Banks and registries rely on a grant because anyone who pays out in good faith under one is protected (s 53(1)). See when probate is required in Queensland.
An executor is chosen by the will. An administrator is appointed by the court. Both are personal representatives (s 5), with the same rights and liabilities (s 50), so this guide applies to administrators too.
Most adults can be an executor. People often choose a spouse, an adult child, a friend or a professional, such as a solicitor, a trustee company or the Public Trustee of Queensland. Yes, an executor can also be a beneficiary. This is common in family wills, and nothing in the Succession Act stops it. The executor must still act honestly and in good faith for every beneficiary, not just themselves (Trusts Act 2025 (Qld) s 63).
A gift to a person who witnesses the will is void, unless at least 2 of the witnesses gain nothing under the will, everyone who would benefit if the gift failed agrees in writing, or the court is satisfied the will-maker knew and approved of the gift and made it freely (Succession Act s 11(2), (3)). So beneficiaries, including an executor who inherits, should not witness the will. A clause giving an executor appropriate pay for their work is not a gift for this rule (s 11(4)(b)).
They can be named. If they are the only executor, the court can grant administration to their guardian or another suitable person until they turn 18 (Uniform Civil Procedure Rules 1999 (Qld) (UCPR) r 639).
Yes. A grant can go to up to 4 people, in the order the will names them (Succession Act s 48(1)). Co-executors hold the estate together and must act jointly (ss 45(1), 49(4)). Agree early who does which tasks, but decide and sign together.
The court can make a grant to the person it thinks fit (s 6(3)). A named executor who renounces loses the role (s 46(b)), and one under 18 cannot take the grant until they are an adult (UCPR r 639). If a named executor has lost capacity, someone else can apply instead, with evidence such as a medical certificate (Queensland Courts; UCPR r 603(4)).
They are different roles. A beneficiary receives part of the estate. An executor does the work and carries the legal duties. Many people are both.
Ask the person first. Think about their age, health, where they live, how organised they are, and any family tensions. The court can grant probate to someone living interstate or overseas (Succession Act s 6(2)), but it takes more coordination. Consider naming a back-up executor. See how much a will costs in Queensland.
An executor must collect and protect what the person owned, pay their debts, and distribute what is left “as soon as may be” under the will and the law (Succession Act s 52(1)). The law also treats an executor as a trustee (Trusts Act 2025 s 7(1)(c)). So an executor must act honestly and in good faith, take reasonable care, and keep accurate accounts that beneficiaries can ask to see (Trusts Act 2025 ss 60 to 65).
The Trusts Act 2025 replaced the earlier Trusts Act from 28 April 2026, so older guides may be out of date.
| Duty | What it means in practice | Where the law says it |
|---|---|---|
| Collect and protect the estate | Find the assets, keep them safe and insured, and deal with them “according to law” | Succession Act s 52(1)(a); Trusts Act 2025 s 82(2)(f) (power to insure) |
| Pay the debts | Including funeral and administration expenses, before gifts of money unless the will says otherwise. Special rules apply if the estate cannot pay all its debts | Succession Act ss 5, 56(1), 57, 59, 60 |
| Act honestly and in good faith | For the benefit of all the beneficiaries, not yourself | Trusts Act 2025 ss 7(1)(c), 63 |
| Take reasonable care | The care of “a prudent person of business” managing other people’s affairs. Professionals, and people with special knowledge, meet a higher standard | Trusts Act 2025 ss 60, 61, 62 |
| Keep accounts and records | Keep them accurate, and keep them for at least 3 years after the estate is finished | Trusts Act 2025 s 64 |
| Show accounts to beneficiaries | On a reasonable request, within a reasonable time, with copies at the beneficiary’s cost | Trusts Act 2025 s 65; UCPR r 645 |
| Let people see the will | Let beneficiaries, close family, creditors and possible claimants inspect it and get a certified copy at their cost | Succession Act s 33Z |
| Account to the court | File a full inventory and account when the court requires it | Succession Act s 52(1)(b) |
| Distribute | “As soon as may be”, once the estate is administered | Succession Act s 52(1)(d) |
| Act together | Co-executors use their powers jointly | Succession Act s 49(4) |
Checked against Queensland law as at September 2026.
On the application of a person affected, the court can make any order it thinks fit, including damages, interest and costs (Succession Act s 52(2)). It can excuse an executor who acted honestly and reasonably and ought fairly to be excused (Trusts Act 2025 s 155(2)). An unsure executor can ask the court for directions, and acting on them generally protects the executor (ss 184, 185). Beneficiaries can read what beneficiaries can do if an executor acts unfairly.
In the first weeks, focus on finding the will, protecting the assets and listing what the person owned and owed. Do not spend or hand out estate money yet. Most of the formal work, such as applying for probate and paying beneficiaries, comes later. This is a general order, and your estate may need a different one.
Tell each bank about the death promptly. Once a bank knows, it usually freezes accounts in the person’s sole name. Its deceased estates unit then decides what proof it needs, such as the death certificate, the will or a grant of probate. Many banks can pay a funeral account directly, so ask.
Never use the person’s cards or online banking, and never take estate money for yourself. A person who has no grant and takes or holds estate property without paying full value can be held to account for it as an “executor in their own wrong”, up to what they took (Succession Act s 54(1)).
Not always. Your authority comes from the will and starts at death. A grant of probate is the Supreme Court’s formal proof of that authority. Queensland Courts says the executor “usually has the authority” to deal with the estate, but banks and super funds “often require formal proof, called probate”.
Whether you need one depends on how each asset was held and what each institution asks for. See when probate is required in Queensland and how long probate takes in Queensland.
Not automatically. An executor can be repaid expenses reasonably incurred in running the estate, such as advertising and court filing fees (Trusts Act 2025 s 149). Payment for the executor’s time, often called commission, usually needs one of three things: a clause in the will, an agreement between all the executors and beneficiaries, or a Supreme Court order. The court looks at matters such as the estate’s value and make-up, what the will says, and how efficiently the estate was run (UCPR r 657E(1)).
Some wills pay the executor, or let a professional executor charge. The Act recognises a will clause paying “appropriate remuneration to an executor” (Succession Act s 11(4)(b)).
The executors and all the beneficiaries can agree on commission without going to court (UCPR r 657F(b)). Put it in writing, and get advice first if any beneficiary is under 18 or cannot make their own decisions.
The Supreme Court may authorise commission “as it thinks fit” (Succession Act s 68), or remuneration it “considers appropriate” (Trusts Act 2025 s 160(1)). The executor files an affidavit setting out the basis, the amount sought, the reasons and an inventory, and serves the beneficiaries affected (UCPR r 657C).
A professional executor, such as a solicitor or trustee company, may charge professional fees if the will gives them no payment or benefit, unless the will says otherwise (Trusts Act 2025 s 159). The court can reduce commission or professional charges it considers excessive (s 161). That power does not apply to licensed trustee companies, or to the Public Trustee’s fees under its own Act (s 161(4)).
No percentage is set by Queensland law. The court decides each case on its facts (UCPR r 657E). Figures quoted online are not a guide to what a Queensland court will allow.
Yes. Being named in a will does not force you to act. You can renounce, which means formally giving up the role, usually before anyone applies for probate. In Queensland you can still renounce even if you have already done some work on the estate (Succession Act s 54(2)). Your rights as executor then end, and the estate is dealt with as if you had never been named (s 46).
After a grant, stepping down needs an application to the court, which can revoke the grant or make a limited grant if you want to retire from the administration (UCPR r 642(1)(b)).
If the will also names you as trustee, renouncing probate is taken to disclaim the trust of the will too (Trusts Act 2025 s 44). Renouncing needs a formal written document, so get advice on the form and where it goes.
Most executor problems come from acting too fast or keeping poor records. These are general practice points drawn from the law, not client stories. Unsure about a step? You can ask the Supreme Court for directions (Trusts Act 2025 s 184).
If a family member challenges the will, see what happens if someone contests the will.
If an executor dies before getting probate, their role ends as if they had not been named (Succession Act s 46(a)). If the only, or last surviving, executor had already obtained probate, the executor of their own will can generally step into the role once they prove that will. This is called executor by representation (s 47).
No. An attorney makes decisions for a living person. A power of attorney, including an enduring power of attorney, ends when that person dies (Powers of Attorney Act 1998 (Qld) ss 19, 51). From then on, the executor named in the will deals with the estate. The same person can hold both roles. See enduring power of attorney vs power of attorney.
From the death, an executor has the powers the law gives personal representatives (Succession Act s 49(1)). These include all the powers of an owner over estate property, such as to sell, lease or insure it (Trusts Act 2025 s 82). The powers must be used honestly and in good faith for the beneficiaries (s 63). Beneficiaries worried about a sale can read what beneficiaries can do if an executor acts unfairly.
Generally no. Debts are paid from the estate, not from the executor’s own money (Succession Act s 56(1)). But an executor can become personally responsible for their own mistakes, such as distributing too early or neglecting their duties (ss 44(3), 52(2)). The court can excuse an executor who acted honestly and reasonably and ought fairly to be excused (Trusts Act 2025 s 155(2)).
Queensland law sets no fixed deadline. The Act says to distribute “as soon as may be” (Succession Act s 52(1)(d)). “The executor’s year” is a long-standing practice, not a statutory deadline (s 52(1A)). General cash gifts generally carry interest from the first anniversary of the death, unless the will says otherwise (s 52(1)(e)). See how long probate takes in Queensland.
Named as an executor and not sure where to start? Call Catton Roderick Lawyers on 1300 673 792 or email info@cattonroderick.com.au. We have offices in Caboolture and Redcliffe, and see clients in Birtinya (Sunshine Coast) and Brisbane by appointment.
Making or updating your will and choosing an executor? Our wills and estates pages above explain how we can help, or send an enquiry through our contact page.
This page is general information about Queensland law as at September 2026. It is not legal advice about your situation. Time limits apply, so please get advice about your own circumstances.
Last reviewed: 27 September 2026
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