If you have been named as an executor in a will or are otherwise responsible for carrying out the wishes of a deceased, you should seek legal advice regarding how to administer the estate properly. One of the first duties of a named executor or proposed estate administrator is to determine whether a grant of probate or a grant of letters of administration is required.
Every estate is different and therefore has different requirements with respect to proper administration. A grant may be required to obtain a grant of probate to sell or transfer the deceased’s property or obtain a refund from an aged care facility which can often be significant.
If the estate is not managed appropriately, the administrator or executor can be held personally liable for losses suffered by intended beneficiaries.
The costs of administering the estate, including the legal costs to obtain a grant of probate or letters of administration, are payable by the estate itself.
What is a Grant of Probate or Letters of Administration?
A ‘grant’ is an official court document that recognises someone’s authority to deal with the deceased’s estate.
There are 3 main types of grants:
Fixed Fee Probate Application Service
The process for getting probate or a grant of administration can be complicated. You must advertise, complete a number of legal documents and file those documents with the Supreme Court.
When executors are administering an estate, they often need legal help to apply to the Supreme Court for probate.
We provide that help.
Basic Application for Grant of Probate
$2,900 incl GST
This fee is inclusive of the following expenses:
- Court filing fees ($847.60 – GST exclusive)
- Advertising fees ($161.70)
Costs valid as at 11 October 2026. Alternatively, the Queensland Public Trustee’s charge for the same service is $3,344.00.
Our fee for a Grant of Probate is fixed on the basis that no additional requirements for affidavits are needed to make the application.
Extra fees may be needed if the grant application is not standard.
Letters of administration are not covered by this fixed fee and are quoted separately.
How to apply for probate in Queensland
The steps are set by the Supreme Court and are the same for every grant. The court explains them on its apply for a grant page.
- 1Advertise the intention to apply.A notice goes in the Queensland Law Reporter, using the court’s Form 103 wording.
- 2Send a copy to the Public Trustee.The application can’t be filed until at least 7 days after the Public Trustee receives it.
- 3Wait 14 days for objections.Anyone with an interest in the estate can lodge a caveat in that time.
- 4Prepare the documents.These are the application, the supporting affidavits, the original will and a certified copy of the death certificate. The will and the certificate stay on the court file.
- 5File at the Supreme Court.Law firms lodge through the courts’ online portal, and the filing fee is $847.60.
- 6The registry issues the grant.If everything is in order, the grant is emailed. If something is missing, the court issues a requisition asking for more.
We handle every step of a probate application for the fixed fee above. A grant of probate usually takes around 8 weeks from start to finish. Letters of administration follow the same steps and are quoted separately.
How much does probate cost in Queensland?
| Option | Cost | What’s included |
|---|---|---|
| Roche Legal fixed fee | $2,900 incl GST | Our legal work, the $847.60 court filing fee and $161.70 advertising |
| Public Trustee grant of probate service | $3,344.00 | As quoted on the Public Trustee website, 18 September 2026 |
| Doing it yourself | From $1,009.30, plus a death certificate | Court filing fee $847.60 and minimum advertising $161.70. You prepare and file every document yourself |
The costs of applying for the grant are paid from the estate, not by the executor personally.
Frequently Asked Questions
How long does a grant of Probate take in Queensland?
In Queensland, it takes approximately 8 weeks for a grant of probate to be issued. This is because the executor’s intent to seek the grant of probate must first be advertised in the probate notices section of The Incorporated Council of Law Reporting for the State of Queensland for a period of 14 days. Only after the 14 day period has lapsed can the application for probate be lodged in the Supreme Court. A copy of the notice must also go to the Public Trustee at least 7 days before the application is filed. The court then takes time to process the application and make a decision.
How long does a grant of Letters of Administration take in Queensland?
A grant of letters of administration usually takes longer than a grant of Probate because it requires slightly more work in preparing the application to the court outlining the proposed administrator’s entitlement to be appointed by the court as the proper administrator. From experience, the process can take around 8-9 weeks, provided the application is not contested by someone else proposing to be the administrator.
Do I need a grant of Probate or Letters of Administration?
Probate may be required if the deceased left a will.
Letters of Administration may be required if there was no will left behind.
However, a grant of Probate or Letters of Administration is not always required. Whether a grant is required depends on the structure of affairs of the deceased, and the value of their estate left behind. For example:
What does a grant of probate look like?
A grant of probate is a one-page Supreme Court document (Form 121). It names the registry, the deceased and their last address, the date of death, the type of grant, and the executors it is granted to. It is sealed by the court and signed by the registrar, with a copy of the will attached. The sample above is a real Brisbane grant from 2022 with personal details removed. Grants are now issued electronically and emailed to the applicant.
After obtaining Probate or Letters of Administration, when can I transfer the deceased’s assets?
Considering Roche Legal practices in the area of estate litigation, we recommend that you do not transfer any asset from the estate without first seeking legal advice. If you transfer an asset “too early” and the estate is challenged by a person left out of the will, or who claims should be provided for from the estate, you could become personally liable.
Read more about estate litigation.