Estate Administration in Queensland: Your Step-by-Step Guide

By John Gallagher, Director of Argon Law

What is Estate Administration?

Estate administration is the legal process of finalising a person’s affairs after their death. It involves collecting assets, paying debts and taxes, and distributing the estate to beneficiaries. In Queensland, the responsibility usually falls to the executor named in the Will, or to an administrator if there is no Will.

Who is Responsible for Administering an Estate?

If there is a valid Will, the named executor carries out estate administration. Where there is no Will, or the executor is unable to act, the Supreme Court of Queensland appoints an administrator. Both executors and administrators must follow strict legal duties to act in the best interests of the estate and its beneficiaries.

What Are the Main Steps in the Estate Administration Process?

1. Locating the Will and Identifying the Executor

The first step is confirming the most recent Will and identifying who is legally responsible for the estate. If no Will exists, intestacy laws apply.

2. Identifying Assets and Debts

Executors should prepare an inventory of the estate. This includes property, bank accounts, investments, vehicles, and personal possessions, as well as liabilities like mortgages, loans, and unpaid bills.

3. Applying for a Grant of Probate (or Letters of Administration)

A Grant of Probate confirms the Will’s validity and authorises the executor to act. If there is no Will, an application for Letters of Administration is required. Many financial institutions, government agencies and nursing homes will not release assets without this Court approval.

4. Collecting and Protecting Estate Assets

Once probate or administration is granted, executors can collect estate assets, close accounts, and manage property. Executors also have a duty to preserve the value of assets until distribution.

5. Paying Debts, Expenses, and Taxes

Before any distribution, debts, funeral costs, and taxes (such as income tax or capital gains tax) must be settled. Executors can be personally liable if these are overlooked, making this a critical step.

6. Distributing the Estate to Beneficiaries

Once debts are paid, the executor distributes the remaining assets in line with the Will, or according to intestacy rules where there is no Will. Beneficiaries are usually provided with a statement of distribution.

7. Finalising the Estate

The final step is to close accounts, finalise records, and provide a clear account of administration to beneficiaries. Once complete, the executor’s role ends.

How Long Does Estate Administration Take in Queensland?

The timeframe depends on the complexity of the estate. Simple estates may be finalised within 6 – 12 months, while estates involving property sales, disputes, or tax issues may take longer.

Executors should act diligently but avoid distributing assets until debts and claims are resolved.

What If There Are Disputes During the Process?

Disputes can arise over the validity of a Will, executor conduct, or beneficiary entitlements. In these cases, the Court may be asked to resolve the matter.

Executors must act neutrally and may need legal assistance to manage disputes effectively.

How Can Argon Law Help with Estate Administration?

At Argon Law, we understand that estate administration is not only a legal process but also an emotional one. Our team can:

Advise executors and administrators on their legal duties.
Prepare and lodge probate or administration applications.
Assist with collecting and safeguarding assets.
Ensure debts and taxes are paid correctly.
Guide executors through fair and lawful distribution.

We provide clear, compassionate advice to ensure the estate is administered efficiently and in compliance with Queensland law.

Frequently Asked Questions About Estate Administration in Queensland

Q. What happens if there is no Will?

A. If a person dies without leaving a valid Will, they are said to have died intestate. In this case, the estate is distributed according to Queensland’s intestacy laws. The Court will usually appoint the next of kin (such as a spouse or child) as the administrator, and assets are distributed in a set order determined by legislation.

Q. Do all estates require probate?

A. Not every estate requires probate. Small estates or those where assets are jointly owned may be transferred without Court involvement. However, banks, superannuation funds, nursing homes and share registries often require a Grant of Probate (or Letters of Administration) before releasing assets.

Q. How long does probate take in Queensland?

A. The probate process typically takes six to eight weeks from lodging the application with the Supreme Court, provided there are no errors or disputes. However, the overall estate administration process often takes 6–12 months, depending on the complexity of the estate.

Q. Can an executor be held personally liable?

A. Yes. Executors have strict legal duties. If they fail to pay debts, distribute assets incorrectly, or breach their obligations, they may be held personally liable. Seeking legal advice helps minimise risk and ensures the estate is managed lawfully.

Q. What if beneficiaries disagree with the Will?

A. Beneficiaries (or others eligible under the law) may dispute a Will or make a family provision claim if they believe they have been left out unfairly. These disputes are resolved either through negotiation, mediation, or Court proceedings. Executors must remain impartial until disputes are resolved. Beneficiaries should be aware of the strict timetable that applies for giving notice of their intention to make a claim or commencing proceedings to make a claim.

Q. Can executors charge fees?

A. Executors may be reimbursed for reasonable expenses incurred in administering the estate. Professional executors, such as lawyers or accountants, may charge fees. Private executors may also apply to the Court for commission in certain circumstances.