If someone close to you has died leaving a home, an investment unit or bank accounts in Queensland, the executor named in the Will may need a grant of probate from the Supreme Court of Queensland before the assets can be collected and passed on. Queensland’s procedure differs from other states in a few ways, especially in how the application is advertised.
Many of the families we help have one relative on the Gold Coast or in Brisbane and others in Hong Kong, Taiwan, Malaysia or mainland China. This guide explains the probate QLD process, the notice of intention, how long probate takes in Queensland, and what to expect if the executor lives overseas.
Do you need probate in Queensland?
A grant of probate is the Supreme Court’s recognition that a Will is valid and that the executor has authority to deal with the estate. If there is no valid Will, or the executor cannot or will not act, someone else applies for letters of administration instead.
A grant is not always needed. The Queensland Courts guidance says you may not need probate where:
- the assets are small, such as a modest bank balance the bank is willing to release;
- property was held in joint names, because it already belongs to the surviving joint owner;
- in some cases, real estate is to be transferred to a beneficiary named in the Will or must be sold, because Titles Queensland has a special procedure for this.
In practice, each bank, share registry and super fund decides what it needs. Ask them early, and get advice before relying on the land titles procedure, because whether it fits depends on the estate.
The probate QLD process
1. Publish a notice of intention to apply
Before applying, the executor must advertise a notice of intention to apply for a grant. Since late 2017, this notice only needs to appear in the Queensland Law Reporter, using the wording in the court form (Form 103). Newspaper advertising is no longer required.
2. Give a copy to the Public Trustee
A copy of the notice must also be given to the Public Trustee of Queensland. The application cannot be filed until at least seven days after the Public Trustee receives it.
3. Wait for the objection period to end
The application can be filed after 14 clear days from publication of the notice in the Law Reporter, which in practice means on the 15th day or the next day the registry is open. During this time, anyone with an interest can lodge a caveat (an objection), which pauses the process until it is resolved.
4. Prepare the application
The application includes an affidavit from the executor with the original Will and the original death certificate. Where another person may have a prior right to apply, the applicant must explain in an affidavit why that person is not applying (for example, they have died, renounced or lack capacity). Documents must be typed and comply with Queensland’s civil procedure rules.
5. File with the Supreme Court registry
Applications can be filed in person or by post at the Supreme Court registry closest to where the deceased lived: Brisbane, Rockhampton, Townsville or Cairns. Lawyers can also lodge probate applications electronically through the Queensland Courts online services portal, although the original Will must still be delivered to the registry.
6. Requisitions and the grant
Registry staff check the documents. If anything is missing, a requisition is issued and must be answered before the grant can be made. Once satisfied, the registry issues the grant, which can be collected or posted.
How long does probate take in Queensland?
The time from death to a grant depends mainly on how quickly the documents are ready. The fixed waiting periods are short:
- Notice period: at least 14 clear days after the notice appears in the Law Reporter, and at least seven days after the Public Trustee receives its copy.
- Registry processing: Queensland Courts suggests allowing about four to six weeks for the grant once the application is lodged, longer if there are requisitions.
Distribution takes longer than the grant itself. In Queensland, a person who wants to bring a family provision claim must give the executor written notice within six months of the death and start court proceedings within nine months. For this reason executors usually wait at least six months, and longer if they have been told a claim is coming, before distributing.
Executors can also protect themselves against unknown creditors and claimants by publishing a notice of intention to distribute. Since the Trusts Act 2025 (Qld) commenced on 28 April 2026, this notice is given under section 135 of the new Act. It must give claimants at least two months to come forward, and it can now be published on the approved public notices website as well as in the other permitted ways. Older templates referring to the repealed Act should not be reused.
Taken together, a straightforward Queensland estate commonly takes somewhere between several months and a year to complete. Estates with property sales, overseas beneficiaries or disputes take longer.
Executors and beneficiaries overseas
An executor living overseas can still apply in Queensland, but should plan for:
- Swearing documents abroad. Affidavits must be sworn or affirmed before a person authorised to take them in that country, such as a notary public or Australian consular officer.
- Getting originals to the registry. The original Will and death certificate are kept by the court, so arrange certified copies first and use tracked courier.
- Grants from other places. If probate was granted in another Australian state, it may be resealed in Queensland. Whether an overseas grant can be resealed depends on the country, so check this before relying on a grant from Asia.
- Translations. A Will in Chinese or another language needs a proper translation and supporting affidavit.
- Taking a step back. An executor who cannot act from overseas may be able to renounce, leaving another person to apply for letters of administration. Get advice before signing anything.
Practical steps for Queensland executors
- Locate the original Will and obtain the original death certificate.
- List the Queensland assets and how they are held, and ask each institution what it needs.
- Prepare and publish the notice of intention in the Queensland Law Reporter.
- Send a copy to the Public Trustee and note the date it was received.
- Count 14 clear days from publication, and file on or after the 15th day.
- Answer any requisitions promptly.
- Consider publishing a section 135 notice of intention to distribute.
- Diarise the six-month and nine-month family provision dates before distributing.
- If property is to be sold, get tax advice on timing: Australia’s capital gains tax rules change from 1 July 2027.
Frequently asked questions
How long does probate take in QLD?
Once the notice has been published for 14 clear days and the application is filed, Queensland Courts suggests allowing about four to six weeks for the grant. Requisitions add time. Distribution normally waits until at least six months after the death because of family provision time limits.
Where do I publish a probate notice in Queensland?
The notice of intention to apply is published in the Queensland Law Reporter, and a copy must be given to the Public Trustee. A newspaper notice is no longer required.
Is probate needed if the house was in joint names?
Usually not for that property. A house held as joint tenants passes to the surviving owner, who can apply to Titles Queensland to have the title updated. Other assets in the deceased’s sole name may still need a grant.
Can an executor living overseas apply for probate in Queensland?
Yes. The executor signs the affidavit before an authorised person overseas and sends the originals to the registry, or has an Australian lawyer manage the application. Distance mostly affects timing and logistics rather than eligibility.
How Chua Tan Associates can help
We act for executors and families with Queensland estates, including those living elsewhere in Australia or overseas. We prepare the Law Reporter notice, the Public Trustee notice and the application, deal with requisitions, and advise on distribution notices and family provision timing. Where there are assets in Asia, we work with local lawyers in those countries, and our notary public can help with documents that need to be used overseas. We advise in English, Mandarin and Cantonese.
Related reading
Chua Tan Associates acts for families, executors, trustees and their professional advisers in estate planning, estate administration and estate disputes in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal or tax advice.
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