Probate and Estate Administration in Brisbane: Everything You Need to Know

When a loved one passes away, the legal and financial responsibilities that follow can be overwhelming. For residents of Brisbane and Queensland more broadly, understanding the probate and estate administration process is essential to ensure a smooth transfer of assets and fulfilment of legal duties.
This guide covers everything from what probate means, to the steps involved in administering an estate in Brisbane.
What Is Probate?
Probate is a legal process that validates a deceased person’s will and grants authority to the executor to manage the estate.
When Is Probate Required in Brisbane?
In Queensland, probate is generally required if:
- The estate includes significant assets (like real estate or large bank accounts)
- Financial institutions request it before releasing funds
- The property is solely owned by the deceased
If the estate is small or assets are jointly owned, probate may not be necessary.
Understanding Estate Administration
Estate administration involves collecting and managing the deceased’s assets, paying off debts and taxes, and distributing the remainder to beneficiaries.
Role of the Executor
The executor is the person named in the will who has legal responsibility for carrying out the deceased’s wishes.
Key Duties Include:
- Applying for a grant of probate (if necessary)
- Identifying and valuing assets
- Paying debts, including taxes
- Distributing the estate to beneficiaries
The Probate Process in Brisbane
The probate process is governed by the Supreme Court of Queensland and follows specific steps.
Step 1: Locating the Will
The executor must find the original will. If no will is found, the estate is considered intestate, and a different process applies.
Step 2: Advertising Your Intent to Apply
In Brisbane and across Queensland, the executor must:
- Publish a notice of intention to apply for probate on the Queensland Courts website
- Wait 14 days before submitting the application
Step 3: Filing the Application
The application for a grant of probate must be submitted to the Supreme Court of Queensland and include:
- The original will
- The death certificate
- Executor’s affidavit
- Inventory of assets and liabilities
Step 4: Receiving the Grant of Probate
If everything is in order, the court issues a grant of … Read more