Probate and deceased estates
Probate is the Supreme Court of Queensland’s official recognition of a will as legally valid.
A grant is a Supreme Court document that recognises someone’s authority to deal with the estate of a person who has passed away. Probate is often needed before the executor of a deceased estate can take control of the estate’s assets (administer the estate).
Read more about being an executor of an estate.
What a grant does
Executors and administrators of deceased estates must be authorised to administer the estate before they deal with the estate assets—a grant gives that authority.
There are 3 main types of grants:
- a valid will was written, and an executor named in the will is applying. This is known as a ‘grant of probate’.
- a valid will was written, and someone other than an executor named in the will is applying for a grant, the authorised person will be an administrator. This is known as a ‘grant of letters of administration of the will’.
- no valid will was written, the authorised person will be an administrator and the grant is known as a ‘grant of letters of administration on intestacy’.
Applying for probate
The process for getting probate can be complicated. You must advertise, complete a number of legal documents and file those documents with the Supreme Court.
When executors are administering an estate, they often need legal help to apply to the Supreme Court for probate.
The Public Trustee of Queensland can provide that help for a fee—and will collect from you, as the executor or administrator, the information needed and apply for a grant from the Supreme Court of Queensland.
If you decide to use the Public Trustee's services, the estimated cost is $3,564.88 (including outlays)—paid before the service starts.
|Solicitor to prepare and file a standard application (i.e. where no additional requirements for affidavits are needed to make the application)||$2,220.80 (incl. GST)|
|Supreme Court filing fee||$722.60|
|Advertising (based on the cost to advertise in the Queensland Law Reporter and The Courier-Mail)||Approximately $621.48 (incl. GST)|
Extra fees may be needed if the grant application is not standard.
You must read the ‘Private Probate Agreement’ before making a decision to use the Public Trustee's service. This Agreement will be provided to you upon request to the Public Trustee.
We also suggest you use your own solicitor to help you get probate.
For more information
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