Letters of Administration are granted by the court when there is no valid will, or when no executor is able or willing to act. They give authority to the administrator to administer the estate.

Probate is usually required when the deceased person owned assets solely in their name, such as large bank accounts or investments or where a Refundable Accommodation Deposit is due from an aged care provider. A grant of probate or letters of administration provides assurance to the asset holder that they are dealing with the correct person. Some smaller estates may not require probate.

The executor named in the will applies for probate. If multiple executors are named, they can apply jointly or one may apply with the consent of the others.

For letters of administration, who can apply will depend on the individual circumstances of each case. Where the deceased person died without a will, this will usually be the deceased’s spouse, followed by their children

Where there was a will, the residuary beneficiaries will usually be the persons with priority to apply for letters of administration.

We offer a fixed fee for a standard probate or letters of administration application of $769 (inclusive of GST). This assumes the application is uncomplicated and uncontested. If you find a better price, we will beat it by 5% (conditions apply).

In addition to our fee is the application fee of $819.90 payable to the Supreme Court. For eligible concession card holders, this fee may be reduced to $149.60. Additionally, a fee of $161.70 applies for advertising the notice of intention to apply in the Queensland Law Reporter.

If your application is not standard, we will discuss any additional fees with you before proceeding and, wherever possible, offer a fixed fee for that work.

There are many different reasons why an application for probate or letters of administration may not be standard.

For probate, this is usually due to an irregularity or issue with the will. Some common reasons include the will is missing or you only have a copy, the will was witnessed or signed incorrectly, there are concerns about the validity of the will or the will is marked, torn or damaged in any way.

A non-standard application for letters of administration will usually be a result of the applicant not being the person with priority to make the application. The applicant will need to satisfy the court that they should be granted letters of administration notwithstanding them not having priority.

If your application is not standard, we will discuss any additional fees with you before proceeding and, wherever possible, offer a fixed fee for that work.

You will need an original copy of the death certificate issued by Births, Deaths and Marriages to apply for both probate and letters of administration.

For probate, you will also need the deceased’s original will. If the original is lost, you may apply for probate of a copy of the will but this will not be a standard application. 

If you have an eligible concession card and wish to claim the reduced Supreme Court filing fee, you will also need to send us a certified copy of it.

If the original will is missing, damaged, or only a copy exists, probate may still be possible, but the application will not be standard. The court must be satisfied that the will was valid and not intentionally revoked. This will require additional evidence and affidavits. If a valid will cannot be proven, the estate may be administered under Queensland intestacy laws. Seeking legal advice early can help avoid delays.

We manage the entire process for you including filing the application at the Supreme Court.

You will need to send us the death certificate and, in the case of probate the will, as well as provide us with some basic information to enable us to prepare the application documents. You will also need to sign the application documents. This may now be done electronically anywhere in the world and does not require you to visit our office or a justice of the peace.

If you have an eligible concession card and wish to claim the reduced Supreme Court filing fee, you will also need to send us a certified copy of it.

You can find out more here.

In most cases, probate takes 6 to 12 weeks once the application is lodged with the Supreme Court. Delays can occur if documents are missing, the will is unclear, or the estate is complex.

Using a lawyer for probate or letters of administration helps ensure the process is handled correctly, efficiently and with minimal stress during what is often a difficult time.

Probate and letters of administration involve strict legal procedures, court documents, advertising requirements and time limits. A lawyer ensures these requirements are met, reducing the risk of delays, rejected applications, or personal liability for the executor/administrator.

After probate or letters of administration is granted, the executor/administrator can collect and deal with the estate assets, including closing bank accounts, selling or transferring property, and managing investments. The executor/administrator must also identify and pay any outstanding debts, expenses, and taxes of the estate.

Once all obligations have been met, the executor/administrator distributes the remaining assets to the beneficiaries in accordance with the will or rules of intestacy and prepares final estate accounts. The estate is usually finalised within 12 months from the date of death, although complex estates may take longer.