Probate and estate administration
Help for executors, from the first steps to final distribution.
Probate is the Supreme Court of Queensland’s confirmation that a will is valid and that the executor can act. Being an executor is a legal responsibility: you must collect the assets, pay the debts and tax, deal with any claims and distribute the estate correctly — and you can be personally liable if you get it wrong.
Banks, share registries and Titles Queensland usually require it for larger estates or land. Small estates sometimes do not. Jointly owned assets and most super sit outside the estate.
Find the original will, obtain the death certificate, publish a notice of intention to apply, then file the application and supporting affidavit with the court.
Close accounts, value and secure property, and identify assets and debts. Estate property may be transferred to beneficiaries or sold.
Pay funeral costs and debts in the correct order. Final and estate tax returns are usually needed — we work with your accountant.
Under Queensland’s new Trusts Act 2025, an executor can publish a notice inviting claims, with a closing date at least two months later, to protect themselves when distributing.
Eligible family members generally have nine months from the date of death to start a claim. Distributing too early can leave the executor exposed.
Many executors are also beneficiaries. You must act for the estate as a whole, keep records and avoid conflicts.
A lost original, alterations or an informal will need extra court applications and evidence.
- Distributing before the claim periods have passed
- Paying debts in the wrong order
- Tax returns overlooked
- Estate money mixed with personal money
- Property left uninsured or vacant too long
- Beneficiaries not kept informed
- Executors who cannot agree
- Delays that lead to disputes or removal applications
How we help — our difference
We guide executors through each step, prepare the court documents and handle the estate property, including transfers and sales. Your matter is handled personally by an experienced solicitor who also practises in property law.
- Probate applications and court documents
- Notices of intention to apply and to distribute
- Estate property transferred or sold
- Advice on executor duties and liability
- Working with your accountant on tax
- Fixed, quoted fees where possible
Named as an executor? Talk to us first.
A short first phone call is free. Detailed advice on your situation is given at a paid consultation, by appointment.
General information only, current as at October 2026 — not legal advice for your situation. Laws, fees and duty rates change, so we confirm the current position before advising you. Official information: Queensland Courts.