Executor Duties Queensland: Your Complete Checklist

Being named executor in a Queensland will means you've inherited a legal obligation that can stretch 6 to 18 months — and carry personal financial liability if you get the sequencing wrong. The role demands more than good intentions; it requires hitting specific statutory deadlines, interacting with a half-dozen government agencies, and making decisions in the right order.

Here's what you're actually required to do, in the order you need to do it.

The First 48 Hours

Understand your authority: The moment someone dies, their Enduring Powers of Attorney (Forms 2 and 3) and Advance Health Directives are automatically and permanently revoked under the Powers of Attorney Act 1998. Nobody — including the former attorney — has authority to access the deceased's accounts. That authority now sits exclusively with you, the named executor.

Secure the property: Lock the deceased's home, ensure insurance policies remain valid while the property is unoccupied, care for pets, and remove any high-value items to a secure location.

Don't touch the will: Locate the original will but do not remove staples, use paperclips, or alter the document in any way. The Supreme Court will scrutinise the physical condition of the will for evidence of tampering. If a staple has been removed, you'll need to file an Affidavit of Plight (Form 111) explaining the damage.

Arrange the funeral: If the deceased left signed cremation instructions, you must honour them under Section 7 of the Cremations Act 2003. Banks will release funds directly to the funeral director from the deceased's frozen account upon presentation of an itemized invoice — you don't need probate for this.

The First Week: Notifications

Services Australia (Centrelink/Medicare): Call the bereavement line at 132 300. If pension payments continue after the death, the estate will owe a debt to the Commonwealth.

Banks and financial institutions: Notify every institution where the deceased held accounts. This freezes the accounts, preventing unauthorized withdrawals and direct debits. It also prevents identity theft on the deceased's accounts.

Department of Transport and Main Roads: Place a restriction on the deceased's vehicle registration to prevent unauthorized renewal or transfer.

The First Month: Asset Inventory

You need a complete picture of the estate's assets and liabilities to determine whether a Grant of Probate is required:

Probate assets (require a grant): Solely owned bank accounts above the institution's threshold ($15,000–$114,674 depending on the bank), solely owned real estate, share portfolios, vehicles.

Non-probate assets (bypass the estate): Jointly held property (passes via right of survivorship), joint bank accounts, superannuation with valid binding death benefit nominations, life insurance paid to a named beneficiary.

If the estate is under $150,000 with no complex real estate, the Public Trustee can administer it under Section 30 of the Public Trustee Act 1978, bypassing the Supreme Court.

Months 1–3: Probate Application

If probate is needed:

1. Publish Form 103 in the Queensland Law Reporter ($161.70, deadline Monday 3:30 pm)
2. Serve the notice on the Public Trustee
3. Wait 14 clear days after Friday publication
4. File Forms 101, 104, and 105 with the Supreme Court ($819.90 filing fee)
5. Wait 4–8 weeks for the electronic grant

After Receiving the Grant: Asset Transfers

Bank accounts: Present the grant to each institution. They'll release funds into an "Estate of the Late [Name]" account that you control.

Real estate — jointly held: Lodge a Form 4 (Request to Record Death) with Titles Queensland. No probate needed.

Real estate — solely owned: Lodge a Form 5 (Transmission Application) with the sealed grant. The lodgement fee is approximately $248.04 per lot.

Motor vehicles: Complete Form F5296 with the Department of Transport and Main Roads. If the vehicle is bequeathed to a beneficiary, the transfer is ordinarily exempt from duty. Lodge within 14 days of the transfer decision to avoid penalties.

Before You Distribute: Protecting Yourself

This is where executors get into serious trouble. Under Section 135 of the Trusts Act 2025 (commenced 28 April 2026), you must publish a creditor notice on the Queensland Reports website and wait a minimum of two months. Only after this period can you distribute assets under the protection of Section 136.

Additionally, wait at least six months from the date of death before final distributions. This covers the window for family provision claims under Part 4 of the Succession Act 1981. If you distribute early and a successful claim is later lodged, you're personally liable for the shortfall.

Tax Obligations

You must lodge a "Date of Death" tax return with the ATO covering the period from the preceding 1 July to the date of death. You'll also need to apply for a separate Tax File Number for the estate and lodge annual trust tax returns for any income generated during administration. For the first three income years, concessional tax rates apply.

For printable checklists, deadline trackers, and step-by-step instructions for every form and agency in this process, the Queensland Estate Settlement Guide covers the complete executor workflow from day one through final distribution.

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