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...
No Queensland law sets a total time for probate. Getting the grant includes a notice period of at least 14 days and the Supreme Court registry's check, and the Public Trustee says finishing an estate usually takes an average of 12 months.
No Queensland law sets a total time for probate. It runs on two clocks. The first runs until the Supreme Court makes the grant: a notice period of at least 14 days, then the registry’s check, for which the Queensland Courts guide gives no set time. The second runs until the estate is paid out, and is usually longer. The Public Trustee of Queensland says finalising an estate usually takes an average of 12 months.
Queensland law as at September 2026.
In this guide: getting the grant | delays | after the grant | finishing the estate | when beneficiaries get paid | no will | FAQs
Getting the grant has three parts: preparing the papers, the notice period and the registry’s check. The notice of intention to apply must be given at least 14 days before filing, and the Public Trustee must get a copy at least 7 days before filing (Uniform Civil Procedure Rules 1999 (Qld) (UCPR) r 598). Queensland Courts warns that missing or incorrect information can delay the process.
A grant of probate is a court order that confirms the legal authority of the executor (the person the will names to deal with the estate) to administer the estate (Queensland Courts).
No law sets a time for this step. You need the original will, a certified copy of the death certificate and a list of the assets and debts.
The notice must be given at least 14 days before you file (UCPR r 598(1)). It goes in the Queensland Law Reporter (QLR), the publication approved by the Chief Justice (r 599(2); Queensland Courts; Queensland Reports). Queensland Courts’ example: if your notice is published on Friday 14 March and there are no objections, you can file on Monday 31 March. If the registry is closed on the 15th day, file on the next business day.
The notice can also call for claims against the estate, with a closing day at least 2 months after publication (Trusts Act 2025 (Qld) s 135(1)(a), (2)).
Give the Public Trustee a copy of the notice at least 7 days before filing (UCPR r 598(2)). Sent when the notice is published, it runs inside the 14 days.
The application is filed in a central registry of the Supreme Court and does not need to be served (UCPR r 597). Papers filed in person or by post are digitised, which Queensland Courts says results in longer processing times.
The registrar (a court officer) can ask about anything that needs proof or explanation, and can require an answer by affidavit (UCPR r 600). Unless an exception in r 601(1) applies, the registrar can make and seal the grant (r 601(1), (3)), which Queensland Courts sends by email.
Probate and estate timeline in Queensland (as at September 2026)
| Stage | What the law sets | In practice | Source |
|---|---|---|---|
| Notice of intention to apply (QLR) | At least 14 days before filing (UCPR r 598(1)) | Court example: published Friday 14 March, file Monday 31 March | UCPR; Queensland Courts |
| Public Trustee copy | At least 7 days before filing (r 598(2)) | Can run inside the 14 days | UCPR |
| Claims notice (optional, same notice) | Closing day at least 2 months after publication (Trusts Act 2025 s 135(1)(a)) | Runs alongside the grant | Trusts Act 2025 |
| No will | No grant within 30 days of the death, unless urgent (r 612) | UCPR | |
| Registry check and grant | No time set. The registrar can make inquiries (r 600) | No set time in the Queensland Courts guide (checked 25 September 2026) | Queensland Courts |
| Collect assets, pay debts, tax returns | Collect the estate and administer it according to law (Succession Act 1981 (Qld) s 52(1)(a)) | Depends on the estate | Succession Act; ATO |
| Pay out the estate | “As soon as may be” (s 52(1)(d)). Executor protection from 6 or 9 months after the death (s 44(3)) | “An average of 12 months” to finalise an estate | Succession Act; Public Trustee of Queensland |
| Fixed-sum gifts still unpaid | Interest generally from the first anniversary of the death (or a later payment date the will sets), unless the will says otherwise (s 52(1)(e)) | Succession Act |
Checked against Queensland law as at September 2026. Times in practice change, so check the source.
Delay can come from the papers, the registry’s questions or a dispute. The registrar cannot make the grant if a caveat has been filed, if the original will is not available or, where there is no will, if two or more people claim priority to apply (UCPR r 601(1)). The grant then waits until the issue is dealt with, which can mean a further application to the court.
Queensland Courts’ troubleshooting guide lists common problems, such as affidavits not signed on every page, or death details that do not match the death certificate. Each is fixed with a corrected or further affidavit (Queensland Courts; UCPR r 600).
If only a copy exists, the registrar cannot make the grant (r 601(1)(c)). Queensland Courts says a further application is then filed, with more supporting affidavits.
An attestation clause records how a will was signed and witnessed. If it is missing or does not show how the will was made, the applicant must file an affidavit from a witness or, if that is not practicable, from someone else who was present, or an affidavit explaining why neither is practicable (UCPR r 604(2) to (4)). A document not signed and witnessed as the Act requires can still be accepted if the court is satisfied the person intended it to be their will (Succession Act s 18(2)).
A caveat is a formal objection filed at the registry by someone claiming an interest in the estate (UCPR r 624(1), (2)). It lasts 6 months and can be renewed (r 624(4)). Unless the court orders otherwise, nothing can be done on the application until at least 8 days after the registrar notifies the caveator (r 625(1)). If the caveator files a notice to support it, no further step can be taken on the application unless the caveat is set aside or withdrawn (r 625(7)). See how a will contest works.
A family provision claim is a court application by the deceased person’s spouse, child or dependant for more from the estate (Succession Act s 41(1)). The court can hear one even before a grant is made (s 41(8)). A claim usually delays paying out the estate.
The grant lets the executor deal with the estate’s assets. The executor then collects the assets, pays the debts and expenses, arranges tax returns through an accountant, and sells or transfers property. Only then is the estate paid out.
No Queensland law sets a deadline to finish an estate. The executor must distribute the estate “as soon as may be” once the administration allows (Succession Act s 52(1)(d)). The Public Trustee of Queensland says it usually takes an average of 12 months to finalise a deceased estate. The first year is often called the “executor’s year”. The Act keeps any rule or practice based on that principle (s 52(1A)), but it is not a deadline in the Act.
In Queensland, a family provision application generally has to be filed within 9 months of the death. The court can allow a late application but does not have to (s 41(8)).
Under section 44(3) of the Succession Act 1981 (Qld), an executor who has not received written notice of a claim is protected from being sued for properly paying out the estate from 6 months after the death. If they have received written notice, that protection starts at 9 months, unless they have received written notice that the claim has been filed in court or have been served with it.
Notice must be in writing, signed by the claimant or their solicitor (s 44(4)). Both points run from the death, not the grant, and neither is a ban on paying earlier. See the 6 and 9 month time limits.
If the executor published a claims notice (Step 2), they can pay out after the closing day having regard only to the claims they know of, and are not liable to anyone whose claim they did not know about when they paid out (Trusts Act 2025 s 136(1)). That person can still pursue whoever received the property (s 136(4)). This is separate from the family provision time points.
No law sets a payment date. As a guide, the Public Trustee of Queensland says an estate can be paid out once no legal claims are pending, any grant needed is obtained, the beneficiaries are established, debts are paid or accounted for, and tax is finalised. If a fixed sum of money left by the will is still unpaid a year after the death, the Act generally requires interest from that first anniversary, at the rate the Act sets or another rate the court sets, unless the will says otherwise (s 52(1)(e)).
If an executor neglects the estate, the court can make orders, including for interest and damages (s 52(2)). A beneficiary who is still waiting can ask the executor in writing for an update. If the executor neglects or refuses a written request to pay a legacy or hand over a share, the beneficiary can apply for a court order that the executor show cause why they should not comply (UCPR r 643(1), (2)).
Waiting on an estate as a beneficiary? Read what beneficiaries can do when an estate stalls.
Without a valid will (an intestacy), the grant is called letters of administration. The same notice steps apply, and the court must not make the grant within 30 days after the death unless it considers urgent circumstances justify it (UCPR r 612). Priority to apply starts with the spouse, then the children (r 610(1)), and each applicant must show why anyone higher in the order is not entitled (r 610(5)). Competing claims to priority stop the registrar making the grant (r 601(1)(b)).
No. Queensland’s time points run from the date of death, not the grant. A family provision application generally has to be filed within 9 months of the death, though the court can allow a late one (Succession Act s 41(8)). An executor’s protection for properly paying out starts 6 or 9 months after the death (s 44(3)). See the 6 and 9 month time limits.
The Succession Act and the court rules set no time. Check with each bank or financial institution what it needs (Queensland Courts). Financial institutions can confirm a grant is genuine with the court’s online verification tool. See when probate is required in Queensland.
Sometimes. If the court considers urgent circumstances exist, it can dispense with the 14 day notice (UCPR r 598(4)) and, where there is no will, make a grant within 30 days of the death (r 612). Otherwise, complete and accurate papers help avoid registry questions.
Debts are paid before gifts of fixed sums of money, unless the will says otherwise (Succession Act s 60(a)). Payment for the executor’s own time (commission) is a separate question. The court can authorise it (s 68; Trusts Act 2025 s 160(1)), and all the executors and beneficiaries can agree on it (UCPR r 657F(b)). See an executor’s duties.
It can. A caveat can stop the grant until it is dealt with (UCPR r 625). A family provision claim usually delays paying out the estate, and the court can hear it even before a grant is made (Succession Act s 41(8)). See how a will contest works.
Need help with a probate application, or with an estate that is taking longer than expected? 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. You can also 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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