Probate Queensland: How the Process Works in 2026

You just found the will, the funeral is over, and now the bank is telling you they need a "Grant of Probate" before they'll release any funds. If you're the named executor, you're about to navigate one of the most procedurally rigid court processes in Australia — and Queensland has its own quirks that catch people off guard.

Here's exactly how the probate process works in QLD, from your first mandatory public notice through to receiving the grant from the Supreme Court.

What Probate Actually Is (and When You Need It)

Probate is the Supreme Court of Queensland's official recognition that the deceased's will is valid and that you, as the named executor, have the legal authority to deal with their assets. You don't always need it — joint bank accounts, jointly held property, and superannuation with valid binding nominations bypass probate entirely.

You do need probate when the deceased solely owned assets above their bank's internal threshold. Commonwealth Bank and NAB enforce a threshold around $50,000, while Westpac sits between $100,000 and $114,674. Smaller institutions like Great Southern Bank (formerly CUA) can demand probate for balances as low as $15,000. If the deceased solely owned real estate, Titles Queensland requires probate regardless of the property value.

Step 1: Publish in the Queensland Law Reporter

Before you can file anything with the Supreme Court, you must publish a Notice of Intention to Apply for a Grant (Form 103) in the Queensland Law Reporter (QLR). The QLR publishes every Friday, and the strict submission deadline is 3:30 pm on the preceding Monday. Miss that cutoff and your notice gets bumped to the following week, delaying your entire timeline.

The publication fee is $161.70 per notice. You must simultaneously serve a copy of this notice on the Public Trustee of Queensland, giving them 7 days to check whether they hold a more recent will.

Step 2: Wait 14 Clear Days

After the notice appears in the Friday QLR, you must wait a mandatory 14 clear days. This window allows creditors, family members, or other interested parties to lodge a caveat or objection. Filing your application before those 14 days have passed will result in rejection by the Supreme Court registry.

Step 3: Compile and File Your Application

Once the 14-day period expires, you file your application with the Supreme Court. The required documents are:

• Form 101 — Application for Probate
• Form 103 — Notice of Intention (the one you already published)
• Form 104 — Affidavit of Publication
• Form 105 — Affidavit Supporting the Probate Application
• The original will
• A certified copy of the death certificate

The filing fee is $819.90 for the 2025/2026 financial year, anticipated to index to approximately $847 from 1 July 2026. A concession rate of $149.60 is available for eligible applicants. Applications can be filed online through the QLD Courts e-filing portal.

Step 4: Wait for the Grant

If your documentation is complete and error-free, the Supreme Court typically issues the electronic Grant of Probate within four to eight weeks. However, the court rejects approximately 30% of unrepresented applications due to technical errors — missing signatures on individual affidavit pages, spelling discrepancies between the death certificate and the will, or signs of physical tampering with the original document.

If a staple has been removed from the original will, you'll need to file a Form 111 (Affidavit of Plight) explaining exactly how and when the damage occurred.

The New Creditor Notice Under the Trusts Act 2025

The Trusts Act 2025 commenced on 28 April 2026, replacing the old Trusts Act 1973. Under Section 135, executors must now publish a notice of intention to distribute on the Queensland Reports website and wait a minimum of two months for creditors to come forward. This replaced the old six-week window.

Only after the two-month period expires can you safely distribute assets under the protection of Section 136. Distributing before this deadline means you lose that statutory shield and become personally liable for any debts that surface later.

Total Costs at a Glance

This is the DIY cost. Traditional solicitor fees for a straightforward probate application range from $2,000 to $8,000 on top of these court outlays.

Small Estates: The Public Trustee Alternative

If the total estate value is under $150,000 and there's no complex real estate, the Public Trustee of Queensland can file an "Election to Administer" under Section 30 of the Public Trustee Act 1978, bypassing the Supreme Court process entirely. Their full probate service fee is approximately $3,239.60, so this route only makes sense if you'd otherwise need a solicitor.

For a complete chronological roadmap covering the probate application, property transfers, tax returns, and safe distribution timelines, the Queensland Estate Settlement Guide walks you through every step.

See more Queensland guides →