How long does probate take in Queensland?
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...
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 the bank, registry, fund or Titles Queensland holding it asks for one.
Probate is not needed for every estate in Queensland, and no law sets a general dollar figure. You usually need a grant of probate when a bank, share registry, super fund or Titles Queensland will not deal with the executor without one. Land in the person’s own name can often be transferred without a grant, but not always. Property owned as joint tenants usually passes to the surviving owner. Planning before death can reduce the need for probate, but it may not remove it.
In this guide: What probate is; When it is required; Asset table; Do all wills need it?; Distributing without it; Avoiding it; FAQs.
Queensland law as at September 2026.
Probate is the Supreme Court of Queensland’s formal recognition of a will. The court’s order, made under the Succession Act 1981 (Qld) (s 6(1)), is called a grant of probate. It confirms the will and the executor’s authority to deal with the estate. If there is no will, or no executor able to act, the court grants letters of administration instead.
It is the document the court issues to the executor. Institutions accept it as proof that the executor can collect and transfer the person’s assets.
The grant does not create that authority. The person’s property passes to the executor at death (Succession Act s 45(1)), so the authority comes from the will, and the grant proves it.
With no will, the spouse has first priority to apply for letters of administration, then the children, then other relatives in a set order (Uniform Civil Procedure Rules 1999 (Qld) (UCPR) r 610).
With a will but no executor able or willing to act, the court grants letters of administration with the will. Priority goes first to the trustee of the residuary estate (what is left after debts, expenses and specific gifts), then to people who benefit under the will (UCPR r 603).
Probate is required when someone holding the deceased person’s assets will not release or transfer them without a grant. Common examples are larger bank balances, shares and managed funds, and sometimes land in the person’s sole name. Institutions ask for a grant because the law protects anyone who pays out in good faith under one.
Queensland Courts gives the same advice: check with each organisation. Where land goes to a beneficiary named in the will or is sold, it says “Titles Queensland offers a process that often avoids the need for probate”.
Anyone who pays out or transfers an asset in good faith under a grant is protected, even if the grant later proves defective (Succession Act s 53(1)). Without a grant, the institution carries the risk of paying the wrong person, so it sets its own rules.
No. Queensland law does not set a general dollar amount above which probate is required. Each bank, share registry and super fund sets its own limit and paperwork, and can change them. Figures quoted online vary widely and are not the law. Ask each institution’s deceased estates section what it needs before you decide whether to apply.
Whether you need probate depends less on the size of the estate and more on how each asset was owned. Use this table as a starting point, then confirm with each institution. Assets that pass outside the will do not need a grant, but the executor may still need one for the rest.
| Asset | How it was held | Usually needs a grant? | Why |
|---|---|---|---|
| Home or land | Sole name | Not always | With a will, Titles Queensland can register the executor, or a beneficiary with the executor’s written consent, without a grant (Land Title Act 1994 (Qld) ss 111(2)(c), 112). With no will, only for smaller estates, after 6 months, and where the registrar thinks the applicant would get a grant (s 111(2)(b)). |
| Home or land | Joint tenants | Usually no | Ownership “automatically passes to the surviving joint owner” (Queensland Courts). The survivor records the death with Titles Queensland. |
| Home or land | Tenants in common | Not always | The share passes to the executor named in the will (Succession Act s 45(1)), then as for a sole owner. Co-owners are registered as tenants in common if the transfer did not say how they hold (Land Title Act s 56(2)). |
| Bank account | Sole name | Depends on the bank | Each bank sets its own limit and forms. Queensland Courts gives “a small bank account” as a case where probate may not be needed. |
| Bank account | Joint | Usually no | Usually passes to the surviving account holder. |
| Shares and managed funds | Sole name | Depends on the registry or fund | Each sets its own requirements. |
| Superannuation | Held by the fund’s trustee | Often no | Paid under the fund’s rules and any valid nomination. If paid to the estate, a grant may be needed to collect it. |
| Life insurance | Named beneficiary | Usually no | Paid to the named person under the policy. If paid to the estate, a grant may be needed. |
| Family trust or company assets | Held by the trustee, or owned by the company | No, not part of the personal estate | A company owns its own assets. A will cannot give away property held as trustee (Succession Act s 8(5)). Shares, units and loans in the person’s own name are estate assets. |
| Assets in another state or country | Sole name | May need a grant there | Either a local grant, or the Queensland grant recognised there (called resealing). |
Checked against Queensland law as at September 2026. A current title search shows how land was held.
No. A will does not have to go through probate just because it exists. A grant is needed when someone holding an estate asset will not deal with the executor without one. With or without a grant, the executor must still collect the assets, pay the debts and distribute the estate according to the will and the law (Succession Act s 52(1)). If the will is unclear, damaged or likely to be challenged, get advice before deciding not to apply.
Yes, if every institution releases its asset without a grant. The executor must still keep records, pay debts and follow the will. Timing matters. A family provision application is a claim by a spouse, child or certain dependants that they were not left adequate provision for their proper maintenance and support. It generally has to be filed within 9 months of the death. The court can allow a late one, and can hear it even if no grant has been made (Succession Act s 41(8)).
An executor who distributes earlier than 6 months after the death, or earlier than 9 months once they have written notice of an intended claim, does not get the protection from later claims in s 44(3). And someone who takes or holds estate property without a grant, and without paying full value, can be held answerable for it as if they were the executor, up to the value of what they took (s 54(1)).
See time limits for family provision claims and who can make a claim on an estate.
Sometimes, but only by planning before death. Some assets can be held so they pass outside the will: a home owned as joint tenants, super with a valid nomination, or life insurance with a named beneficiary. Each choice has costs and risks, so get advice before changing how you own anything, and take tax questions to an accountant. Even then, the executor still has to deal with anything left in the estate.
The survivor takes the whole property, whatever the will says. In a blended family, the survivor’s own will, not yours, then decides where the home goes. Any joint owner can end a joint tenancy alone by registering a transfer, after giving or trying to give the other owners notice (Land Title Act s 59(1), (2)). Changing ownership can also have transfer duty and tax effects.
Super is paid by the fund’s trustee under the fund’s rules, not under your will. Check with your fund that your nomination is valid and current. Without a valid nomination, the trustee generally decides who receives the benefit.
A named beneficiary is usually paid under the policy. Update your nominations after a marriage, a separation or a death in the family.
Assets owned by a company or held in a trust are not part of your personal estate. A company owns its own assets, and a will cannot give away property you hold as trustee (Succession Act s 8(5)). Control of a trust passes under its deed, so check what yours says. Shares, units and loans in your own name are still estate assets. See business succession planning.
The estate’s debts still have to be paid from the estate. A final tax return may still be needed. A family provision claim can still be made against what is in the estate (Succession Act s 41(1)). The executor’s duties under s 52 still apply.
The Australian Taxation Office (ATO) does not decide whether an estate needs a grant. It deals with the executor or administrator as the estate’s legal personal representative, so ask it what proof of authority it needs. Take tax questions, such as the final tax return, to an accountant.
Not on your own, if the account was in her sole name. Tell the bank about the death. It will say what it needs from the executor. Taking estate money without authority can make you personally responsible for it (Succession Act s 54(1)). Some banks will pay the funeral account directly, so ask. See an executor’s duties and first steps.
No. An executor can apply without a lawyer: the court rules ask for the applicant’s solicitor only “if any” (UCPR r 599(1)(a)(iv)). Queensland Courts publishes the steps and forms, and explains how self-represented applicants file. A lawyer can help when the estate includes land, the will is unclear, or family members disagree.
Not always. With no will, the grant is called letters of administration, and the same test applies: is anyone holding the assets asking for one? The court will not make this grant within 30 days of the death unless it considers the circumstances urgent (UCPR r 612).
Yes. A family provision application can be heard even if no grant has been made. It generally has to be filed within 9 months of the death, unless the court allows a late one (Succession Act s 41(8)). See time limits for family provision claims and who can make a claim on an estate.
Need help with probate or an estate? 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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