Last updated: 28 January 2026
Key takeaways
- Probate is the court process that confirms a will is valid and authorises an executor to act.
- Whether probate is required depends on the assets involved and the policies of banks and registries.
- Probate is commonly required where assets are held in the deceased’s sole name.
- Obtaining probate can reduce delays and protect executors from disputes.
What is probate?
Probate is the Supreme Court of Queensland’s confirmation that a deceased person’s will is legally valid and that the executor named in the will has authority to deal with the estate. Once a Grant of Probate is issued, the executor can usually collect estate assets, pay liabilities, and distribute the estate in accordance with the will.
In practical terms, probate is often the document banks, share registries and other organisations request before they will release or transfer assets held in the deceased’s sole name.
When is probate required in Queensland?
Not every estate requires probate. Whether a grant is needed usually depends on:
- How the deceased held their assets (for example, in their sole name versus jointly with someone else), and
- What the relevant organisation requires (banks and registries can have different thresholds and policies).
Probate is most commonly required where there are assets of any significance held in the deceased’s sole name, because organisations need certainty that they are dealing with the correct person with legal authority.
What probate lets an executor do
A Grant of Probate commonly allows an executor to:
- Collect assets
- Close bank accounts and receive funds held in the deceased’s name
- Transfer or sell shares and managed investments
- Deal with vehicles and other items requiring formal authority
- Pay debts and expenses
- Funeral and administration expenses
- Outstanding liabilities properly payable by the estate
- Distribute the estate
- Pay specific gifts (if any)
- Transfer the remainder of the estate to the beneficiaries
Even if some assets can be dealt with informally, probate can provide clarity and reduce delays where multiple institutions are involved.
When probate might not be needed
Probate may not be necessary where assets pass outside the estate or can be released without a court grant. Common examples include:
- Jointly held assets
- Assets held as joint tenants often pass automatically to the surviving joint owner
- This commonly includes jointly held bank accounts and the family home (depending on how title is held)
- Smaller asset holdings
- Some organisations may release small balances using their internal process
- Thresholds vary and may change over time
- Assets with beneficiary nominations
- Some superannuation and life insurance benefits can be paid directly to nominated beneficiaries
- If the estate is the beneficiary (or there is no effective nomination), a grant may still be required as part of administration
If you’re unsure, it’s often worth confirming requirements with the bank or registry involved before spending time and money preparing an application.
Risks of trying to proceed without probate
If probate is required and you try to administer the estate without it, common issues include:
- Delays — institutions may refuse to release assets until a grant is provided.
- Disputes — beneficiaries may question your authority without formal court recognition.
- Increased risk — acting without clear authority can create avoidable complications if something goes wrong.
As a general rule, if an institution requests probate, obtaining a grant is usually the most efficient way to move the administration forward.
Frequently asked questions
What does a Grant of Probate actually do?
It is a Supreme Court document confirming the will is valid and recognising the executor’s authority to deal with the deceased estate.
Do all estates in Queensland require probate?
No. Some estates can be managed without probate, particularly where assets are jointly owned or organisations will release small balances using internal processes. Whether probate is required depends on the assets and the requirements of each institution.
How long does probate take in Queensland?
Timeframes vary depending on the estate and court processing. Many matters take weeks to months, and delays can occur if the court requires corrections or further information.
What if there is no will?
If there is no valid will (or there is no executor able to act), the appropriate grant is usually Letters of Administration, which authorises an administrator to manage the estate.
General information only — this article is not legal advice. If you need advice about a specific estate, obtain tailored legal advice.