Losing someone close to you is hard enough without having to navigate the legal process of dealing with their estate. One of the most common questions we hear from families is: how long is this going to take?
The honest answer is… it depends. But we can give you a realistic picture of what to expect.
What Is Probate?
Probate is the legal process of proving that a Will is valid and authorising the executor to deal with the deceased person’s estate. In Queensland, a Grant of Probate is issued by the Supreme Court of Queensland.
If the deceased did not leave a Will, the process is called a Grant of Letters of Administration, and the steps are slightly different.
Typical Probate Timeline in Queensland
- Weeks 1 & 2: Gathering of documents, meeting with us: We will require the original Will, death certificate, and asset information
- Weeks 2 & 4: We prepare the probate advertisements in the Queensland Law Reporter and with the Public Trustee of Queensland
- Weeks 4 & 6: The 14-day notice period runs (required before the Court can grant probate). We refer to this process as “advertising” a passing of a person
- Weeks 6 – 14: The Probate Application documents are prepared, signed, and sent to the Court for processing; There is never a set timeframe on how long the court it can take the court to process the application and release a grant of probate. Please speak with us to see what our experience in the current moment is with these timeframes.
- Grant is received: The executor can begin administering the estate. This includes collecting assets, paying debts, distributing to beneficiaries
In straightforward cases, the full process from instruction to grant can take around 4–6 months. Complex estates, where assets are disputed, the Will is challenged, or property is involved, can take considerably longer.
Do you Always Need Probate?
Not always. If the deceased’s assets were held jointly with another person (such as a jointly owned home), those assets typically pass directly to the surviving owner without probate. Small estates with limited assets may also not require a formal grant.
However, most banks and financial institutions in Queensland require a Grant of Probate before releasing funds above a certain threshold. Your solicitor can advise you on whether probate is required in your specific circumstances.
Frequently Asked Questions
Can the executor access money before probate is granted?
Generally, no. Most financial institutions will freeze accounts until probate is obtained. Some may release small amounts for funeral expenses.
What happens if there is no Will?
The estate is distributed according to Queensland’s intestacy laws under the Succession Act 1981 (Qld). A family member (usually the spouse or adult child) applies for Letters of Administration to manage the estate.
Can I do probate myself without a lawyer?
Technically yes, but the paperwork and affidavit requirements are complex. Most executors find it far less stressful, less risky, and often quicker to use a solicitor.
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