Wills and estates (probate)

When someone dies, their assets (like property, bank accounts, or shares) need to be managed and distributed to the rightful beneficiaries. This process is called administering the estate.

If there is a valid will, the executor named in the will usually has the authority to handle this. However, organisations like banks and super funds often require formal proof, called probate.

If there is no will (intestacy), a close family member may need to apply for a grant of administration.

This court order gives them the legal authority to administer the estate.

Legal Advice

Succession law (which covers wills and intestacy) can be complex and often requires specialist legal advice.

The Queensland Courts website provides general guidance only and does not replace legal advice.

Court registry staff cannot offer legal advice. If you have concerns, consult a qualified legal practitioner.

Types of grants

A grant is often needed to give someone legal authority to manage and distribute a deceased person’s estate. The three main types of grants are:

Type of grant	Typically applied for when
Grant of probate	There is a valid will, and the executor named in the will is seeking authority to administer the estate. Apply now
Grant of letters of administration with the will	There is a valid will, but the named executor cannot or will not act, and someone else (an administrator) needs authority to manage the estate. Apply now
Grant of letters of administration without a will (intestacy)	There is no valid will. You must apply to the court for authority to administer the estate, which is distributed according to intestacy laws. Apply now

Do you need probate

You may not always need a grant of probate.

Check with the organisation involved (e.g. the bank or financial institution) to confirm their requirements.

Common situations where probate may not be needed

the assets are of low value (e.g. a small bank account)
real estate is being transferred to a beneficiary named in the will
real estate needs to be sold.

Recording a death with Titles Queensland

For real estate transfers or sales (points 2 and 3 above), Titles Queensland offers a process that often avoids the need for probate.

For more information, visit the Titles Queensland website.

Jointly owned assets

If an asset (like the family home) is jointly owned, probate isn’t needed because ownership automatically passes to the surviving joint owner.

This applies to all assets held as joint tenants, not tenants in common.

Who can apply for probate

Sometimes, more than one person may believe they have the right to apply for probate. For example:

multiple executors may be named in the will
disputes could arise among family members or other interested parties.

If you believe you’re entitled to apply, you must first resolve any competing claims by ruling out others with a prior right.

How to resolve competing claims

To resolve competing claims:

Gather relevant evidence to show the other person has:
- abandoned their claim (e.g. written confirmation)
- become incapacitated (e.g. medical certificate)
- passed away (e.g. death certificate).
Complete Form 105 – Affidavit (probate application) (DOCX, 31.1 KB)
Attach the completed form to your probate application.

This ensures only the appropriate person is authorised to proceed with the application.

Resealing an interstate or overseas grant

If a grant of probate or letters of administration was issued in another state or country, and the deceased owned assets in Queensland, you may need to apply to have the grant ‘resealed’ in Queensland.

This confirms the original grant’s validity and allows the executor or administrator to manage the Queensland-based assets.

Apply to reseal a grant of administration.

Territories Stolen Generations Redress Scheme

If the deceased was eligible for the Territories Stolen Generations Redress Scheme, the executor can get free legal advice and support from Knowmore Legal Service.

For more information, visit Knowmore Legal Service’s website.