Queensland Probate: How to Apply, Fees & Family Provision Deadlines

Queensland administers wills, probate and family provision under one statute, the Succession Act 1981 (Qld), applied for through the Supreme Court of Queensland probate registry. A family provision claim contesting a will or intestacy must generally be filed within 9 months of the date of death under section 41(8).

Information last verified on 20 July 2026. This page presents general legal information about Queensland law, not legal advice.

Jurisdiction scope: This page covers wills, probate, intestacy, family provision claims and enduring powers of attorney in Queensland only, under the Succession Act 1981 (Qld) and the Powers of Attorney Act 1998 (Qld). It does not cover any other state or territory; see the comparison section for New South Wales, the Northern Territory and Tasmania. This is general legal information, not advice on your own circumstances.

How do you apply for probate in Queensland?

Queensland is the only jurisdiction where wills, estate administration and family provision claims sit together in one Act, the Succession Act 1981 (Qld); there is no separate Wills Act. An executor applies for a grant of probate, or without a will, letters of administration, from the Supreme Court of Queensland, through its registries in Brisbane, Cairns, Rockhampton and Townsville. Before filing, the applicant must publish a Notice of Intention to Apply in the Queensland Law Reporter, notify the Public Trustee, then lodge the application, affidavits, the original will and death certificate.

The registry then issues the grant, giving the executor or administrator authority to collect assets, pay debts and distribute the estate.

How much does probate cost in Queensland?

The Supreme Court of Queensland charges a flat probate filing fee, currently $847.60 for 2026-27, after a 3.4% indexation increase on 1 July 2026. Unlike New South Wales, Victoria, South Australia, Tasmania and the ACT, which charge on a rising scale tied to estate value, Queensland charges the same $847.60 whatever the estate is worth. A reduced fee of $154.70 applies for eligible concession card holders or applicants showing financial hardship.

Additional costs sit outside the court fee, including the Queensland Law Reporter notice and any solicitor's fees. Fees are reviewed each 1 July; confirm the current figure before filing. To compare Queensland's flat fee against the other seven jurisdictions, use the Queensland probate fee calculator.

Contesting a will in Queensland: family provision claims

A person who believes a will, or the rules of intestacy, failed to make adequate provision for their proper maintenance and support can apply to the Supreme Court of Queensland for a family provision order under section 41 of the Succession Act 1981. Eligible applicants are the deceased's spouse, child or dependant. Section 41(8) sets the claim deadline at 9 months after the date of death, and the court will not hear a late application unless it exercises its discretion to allow one. This period runs from the date of death, not from the date the grant of probate issues, which is the trigger several other states use instead.

Queensland's rules are often summarised online as a '6-month deadline,' which is inaccurate and can lead a reader to wrongly assume a live claim has closed. The 6-month figure comes from section 44(3), which protects a personal representative from personal liability for distributing the estate, provided the distribution happens no earlier than 6 months after death and without notice of a claim under section 41. If notice of an intended claim was given, that protection extends to 9 months instead. Section 44 governs when it is safe to distribute; it does not shorten the 9-month window in section 41(8) within which an eligible person may file a claim. Do not treat an early distribution as proof the window has closed, and do not wait until close to the 9-month mark to act.

What happens if you die without a will in Queensland?

When a person dies intestate in Queensland, without a valid will or without effectively disposing of their whole estate, the Succession Act 1981 sets out who inherits, through the distribution rules in Part 3 and Schedule 2. Survived by a spouse and children, the spouse's preferential entitlement is a statutory legacy of $150,000 plus household chattels, with the balance then divided under the Schedule 2 formula. Unlike New South Wales, Victoria and several other states, where the spouse's statutory legacy is periodically adjusted for inflation, Queensland's $150,000 is fixed by statute and does not move with the Consumer Price Index.

Without a surviving spouse, the estate passes to the children, then to other relatives under Schedule 2. A grant of letters of administration is still needed.

How do you make a valid will in Queensland?

A valid will must comply with Part 2 of the Succession Act 1981: in writing, made by a person aged 18 or over (limited exceptions apply), signed by the testator or, at the testator's direction, by someone else in the testator's presence, with that signature made or acknowledged before two witnesses who then sign in the testator's presence. A will that does not meet these formalities is not automatically void: section 18 gives the Supreme Court a dispensing power to admit an informal document, such as an unsigned draft, as a valid will if satisfied the deceased intended it to form their will. Relying on this power is never guaranteed, and means a court application, extra cost and delay that correct execution avoids.

Enduring power of attorney in Queensland

Queensland takes a different approach to enduring powers of attorney than most other states. A single Enduring Power of Attorney (EPA), made under the Powers of Attorney Act 1998 (Qld), can cover both financial and personal or health matters in one document, where New South Wales, Victoria and Western Australia split these into separate instruments. An EPA in Queensland also needs only one eligible witness under section 44, typically a justice of the peace, commissioner for declarations, notary public or lawyer, fewer than the two witnesses several other states require.

A separate Advance Health Directive can also be made under the same Act, and additionally needs a certificate from a doctor or nurse practitioner confirming the person had capacity when they made it.

How does Queensland compare to other Australian states?

Queensland's rules diverge from its neighbours in ways that matter to anyone administering or contesting an estate. New South Wales also requires a claim within 12 months of death, under section 58(2) of the Succession Act 2006 (NSW), a longer death-triggered window than Queensland's; see probate in New South Wales. The Northern Territory's 12-month deadline instead runs from the grant, not death, under section 9(1) of the Family Provision Act 1970 (NT); see probate in the Northern Territory. Tasmania runs the shortest deadline in the country, 3 months, also from the grant, under section 11(1) of the Testator's Family Maintenance Act 1912 (Tas); see probate in Tasmania.

Because the trigger date differs as much as the window's length, always confirm which Act and trigger date applies rather than assuming Queensland's rule. See also how to apply for probate in Australia, contesting a will in Australia and the Australia wills and probate hub.

Queensland wills and probate figures at a glance

The distribution-protection threshold is not a second deadline; it only affects when a personal representative may safely distribute without becoming personally liable. The claim deadline stays at 9 months from death.

This page is general legal information about wills, probate, intestacy, family provision and enduring powers of attorney in Queensland, verified on 20 July 2026. It is not legal advice; consult a legal practitioner admitted in Queensland for advice on your own circumstances. See also the Australia wills and probate hub.

Frequently Asked Questions

How long do I have to contest a will in Queensland?

You generally have 9 months from the date of death to file a family provision claim in the Supreme Court of Queensland, under section 41(8) of the Succession Act 1981. A commonly repeated figure of '6 months' is not the claim deadline; it is the point in section 44(3) after which a personal representative may safely distribute the estate. The claim deadline itself remains 9 months from death.

How much does probate cost in Queensland?

The Supreme Court of Queensland charges a flat filing fee of $847.60 for 2026-27, regardless of the estate's value. A reduced fee of $154.70 applies for eligible concession card holders or applicants who can show financial hardship.

Does Queensland's probate fee increase with the size of the estate?

No. Queensland charges a single flat fee regardless of estate value, unlike New South Wales, Victoria, South Australia, Tasmania and the ACT, which charge on a rising scale.

Who can apply for a family provision order in Queensland?

Under section 41 of the Succession Act 1981, the deceased's spouse, child or dependant can apply if adequate provision was not made for their proper maintenance and support. The court decides what, if any, provision is appropriate; applying does not guarantee an order.

How much does a surviving spouse inherit if there is no will in Queensland?

Survived by a spouse and children, the spouse is entitled to a statutory legacy of $150,000 plus household chattels, with a further share under Schedule 2 of the Succession Act 1981. This $150,000 figure is fixed by statute and not adjusted for inflation, unlike several other states.

How many witnesses does an enduring power of attorney need in Queensland?

Only one eligible witness, such as a justice of the peace, commissioner for declarations, notary public or lawyer, under section 44 of the Powers of Attorney Act 1998. This is fewer than New South Wales, Victoria and Western Australia require.

Can one document cover both financial and health decisions in Queensland?

Yes. Queensland is the only state where a single Enduring Power of Attorney can give an attorney power over both financial and personal or health matters. A separate Advance Health Directive additionally needs a doctor's or nurse practitioner's capacity certificate.

Does Queensland have its own Wills Act?

No. Queensland is the only jurisdiction without a standalone Wills Act. Wills, estate administration and family provision claims are all governed by the Succession Act 1981 (Qld).