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Need Help After a Loved One Has Passed?
Losing someone close to you is never easy. Alongside the emotional toll, managing their estate can feel overwhelming and confusing.
At CLO Lawyers, we help remove that burden.
Our experienced Wills and Estates team provides compassionate, practical guidance to help you fulfil your loved one’s wishes while ensuring every legal requirement is properly handled.
Backed by over 500+ 5-star Google reviews, our team is trusted across Toowoomba and Queensland to guide families through estate administration with clarity and care.
What Is a Deceased Estate?
A deceased estate includes everything your loved one owned or was responsible for, including:
- Real estate
- Bank accounts
- Shares and investments
- Superannuation (in some cases)
- Personal belongings
- Pets
- Debts such as mortgages, loans, and unpaid tax
Before any assets can be distributed to beneficiaries, outstanding debts, funeral expenses and other liabilities must be paid. A final tax return may also need to be prepared and lodged.
Who Administers the Estate?
After someone passes away, a personal representative is responsible for managing the estate.
There are two types:
Executor
Named in a valid will to carry out the deceased’s wishes.
Administrator
Appointed by the Supreme Court when:
- There is no will
- The executor cannot or will not act
- The will does not cover all assets
Executors act in accordance with the will. Administrators act according to the Queensland Succession Act 1981.
The Estate Administration Process
Administering a deceased estate in Queensland typically involves:
Securing Assets
Identifying, collecting and protecting all estate assets.
Paying Debts
Settling mortgages, loans, taxes and other liabilities.
Applying for Probate or Letters of Administration (if required)
Obtaining legal authority from the Supreme Court to act on behalf of the estate.
Distributing the Estate
Once liabilities are resolved, distributing assets in accordance with the will — or under Queensland intestacy laws if there is no will.
At CLO Lawyers, we guide you through every stage to ensure the process is handled correctly and efficiently.
What Is a Grant of Probate?
Probate confirms that a will is valid and gives the executor legal authority to administer the estate.
In Queensland, probate applications are made to the Supreme Court.
Once probate is granted, organisations such as banks, share registries and the Titles Registry recognise the executor’s authority to deal with estate assets.
Probate is not required in every estate, but it is commonly necessary where significant assets are involved.
What Is a Grant of Administration?
A Grant of Administration is issued by the Supreme Court to authorise someone to administer the estate where probate is not available.
There are three types:
Grant of Probate
Where there is a valid will and the named executor applies.
Grant of Letters of Administration (Intestacy)
Where no valid will exists.
Grant of Letters of Administration
(with the Will)
Where:
- No executor was appointed
- The executor cannot or will not act
- The executor has died
- The executor lacks capacity
- No substitute executor was named
Do You Need Probate?
Probate is commonly required where the estate includes:
- Substantial bank balances
- Real estate
- Significant investments
- Refundable accommodation deposits in aged care facilities
- Complex or contested arrangements
Probate may not be required in smaller estates, estates consisting mainly of personal items, or where assets were jointly owned.
However, proceeding without probate requires caution. Executors must ensure all assets are identified and liabilities addressed to avoid personal risk.
How Long Does Estate Administration Take?
Most estates are finalised within 6–12 months. Complex estates may take longer due to asset sales, tax issues or disputes.
Important timeframes in Queensland include:
- 30 days: beneficiaries must survive the deceased by at least 30 days to inherit.
- 6 months: eligible persons may give notice of intention to make a family provision claim.
- 9 months: any family provision claim must be formally filed.
Executors should generally wait at least six months before distributing assets.
Distributing too early can expose an executor or administrator to personal liability.
We ensure you understand these timeframes and manage risk appropriately.
How to Apply for Probate in Queensland
To apply for probate, the executor must:
- Locate the original signed will
- Publish a notice of intention to apply
- Prepare required affidavits
- Address any objections or caveats
If uncontested, probate is typically granted within approximately 3–8 weeks after filing.
Our team prepares and manages the entire application process for you.
What Does Probate Cost in Queensland?
Probate costs generally include:
- Supreme Court filing fees (typically $800 to $1,500 depending on estate value)
- Advertising costs (usually $300 to $500)
- Legal fees (based on complexity, fixed fee or hourly basis)
We provide a clear breakdown of fees and expenses so you understand your position before proceeding.
What If You Have Concerns About a Will?
If you have concerns about the validity of a will or the conduct of an executor, you may need to lodge a probate caveat.
What Is a Probate Caveat?
A probate caveat is a formal notice lodged in the Supreme Court to prevent probate from being granted while concerns are investigated.
It provides time to gather evidence and commence formal proceedings where appropriate.
When Should You Consider Lodging a Caveat?
You may consider lodging a caveat if:
- You believe the will was not properly signed or witnessed
- There are concerns about the testator’s mental capacity
- You suspect coercion or undue influence
- You believe a more recent valid will exists
- You have concerns about the executor’s suitability
A caveat is a protective step. It does not automatically resolve the dispute.
Compassionate Guidance When You Need It Most
At CLO Lawyers, we understand that estate administration is not just a legal process it is a deeply personal one.
Our Wills and Estates team provides:
- Experienced legal guidance
- Clear explanations of your obligations
- Careful management of court applications
- Practical support to minimise stress and risk
You do not have to navigate this alone.
Need Help with a Deceased Estate?
Contact CLO Lawyers today to arrange a consultation. We will guide you through the estate administration process with clarity, professionalism and compassion so you can focus on what truly matters.
Probate & Deceased Estates FAQ: Frequently Asked Questions
Not every estate requires probate. Probate is usually required where significant assets are held solely in the deceased’s name, such as real estate or substantial bank balances. Smaller estates or jointly owned assets may not require probate, but legal advice should be obtained before proceeding.
If uncontested, probate is generally granted within approximately 3–8 weeks after filing. The overall estate administration process usually takes 6–12 months, depending on the complexity of the estate.
If someone dies without a valid will, the estate is intestate.
In these cases, an eligible person must apply for Letters of Administration to manage the estate.
The court appoints an administrator according to an order of priority, including:
- Spouse or de facto partner
- Children
- Parents
- Siblings
- Extended family
- Any other person the Court considers appropriate
We assist with all aspects of intestate estate administration.
Yes. Executors can become personally liable if they distribute assets too early, fail to properly address debts, or ignore potential family provision claims. Obtaining legal advice helps minimise this risk.
Eligible persons may include spouses (including de facto partners), children, stepchildren and financial dependants. Strict time limits apply to bringing a family provision claim.
Probate is granted when there is a valid will and an executor applies. Letters of Administration are granted when there is no valid will, or when the executor cannot or will not act.
Executors should generally wait at least six months from the date of death before distributing assets, to allow time for any potential family provision claims to be notified.