Helping Executors Navigate Probate with Ease
Losing a loved one is hard enough; handling probate on top of everything else can feel overwhelming. If you’ve been named as an executor, you might be wondering:
“Where do I even start?” “How long will this take?” “What if I make a mistake?”
You’re not alone. Many first-time executors feel uncertain about the legal process, worried about delays, and unsure of what’s required. The good news? You don’t have to figure it out alone.
Probate is simply the legal process that confirms a will is valid, allowing you to carry out your responsibilities as executor. While the process can be complex, with the right support, it can be straightforward and stress-free.
At Securator Legal, we are experts in making probate simple. Our fixed-fee probate application service ensures you understand every step and never have to worry about unexpected costs. We guide you through the process, handle the legal formalities, and give you the peace of mind you deserve.
What is Probate & Why Do You Need It?
Understanding Probate in Simple Terms
No one expects to become an expert in estate law overnight. Probate is the legal process that confirms a will’s validity, giving the executor the authority to manage the deceased’s estate.
It’s an order of the Supreme Court of Queensland that identifies the person responsible for carrying out the terms of the will, known as the executor.
The executor is the only person who can apply for a grant of probate in Queensland.
Do You Really Need Probate?
Not all estates require probate. Some banks, superannuation funds, and asset holders release funds without it, while others require a Supreme Court grant before they will hand over control. We can quickly assess your situation and let you know if probate is necessary, saving you time and effort.
Common Executor Concerns
First-time executors often worry about making mistakes that could cause delays. Some common concerns include:
- What if I don’t apply for probate correctly?
- How do I deal with banks and superannuation funds?
- What happens if someone contests the will?
These are real concerns, and probate can be confusing. But with the right guidance, you can navigate the process smoothly and without unnecessary stress.
Who Can Apply for Probate?
The executor (or executors) named in the last will of the deceased person can apply for a grant of probate by submitting probate applications.
Queensland succession law permits up to 4 executors to be appointed at the same time.
If an executor is deceased or unwilling to accept the role, the role may fall to the other co-executors or an alternative executor named in the will.
The Probate Process
- The process typically takes 4-8 weeks.
- The application for probate consists of certain documents being filed with the Supreme Court, including the original will and death certificate.
- The court issues the grant of probate once the application is deemed complete and all requirements are met.
- The probate application requires the executor to advertise and file legal documents with the Supreme Court of Queensland.
Obtaining Probate: What You Need to Know
To obtain probate, the executor must lodge a probate application with the Supreme Court of Queensland.
The application must include the original will, original death certificate, and other required documents. It is also necessary to include the probate original signed form, such as Form 101 for Application for Probate, as part of the required documentation.
The court filing fee in QLD is fixed at $793.00, which can be paid by credit card or bank cheque.
The executor must also publish a notice of intended application for probate in the Queensland Law Reporter.
Managing the Deceased Person’s Estate
As an executor, you’re responsible for administering deceased estates, including dealing with financial or legal challenges.
You’ll need to locate the original will, organize and carry out funeral arrangements, get a death certificate, notify relevant institutions, and redirect mail and contact financial institutions.
You’ll also need to identify assets and liabilities, create an inventory of the estate, and obtain a grant of probate.
What if the Deceased Person Did Not Leave a Will?
If the deceased person did not leave a valid will, you can contact us to discuss “Letters of Administration”.
This is the name of another QLD probate grant which is issued when no will was left.
The appointed administrator will obtain similar powers to executors named in wills once Letters of Administration is obtained.
Executor’s Role and Responsibilities
As the executor of a deceased person’s estate, you have a crucial role in managing and distributing the estate’s assets according to the deceased person’s wishes as outlined in their will. Your responsibilities include:
- Locating and securing the original will and any other important documents, such as the original death certificate. This is the first step in ensuring that the deceased person’s wishes are followed accurately.
- Notifying the relevant institutions, such as banks and financial institutions, of the deceased person’s passing. This helps in freezing the accounts and preventing any unauthorized transactions.
- Identifying and valuing the estate’s assets, including real estate, shares, and personal property. Accurate valuation is essential for the fair distribution of the estate.
- Paying outstanding estate liabilities, such as taxes, debts, and funeral expenses. Settling these liabilities is crucial before distributing the remaining assets to the beneficiaries.
- Distributing the estate’s assets to the beneficiaries as specified in the will. This involves transferring ownership of estate property and other assets to the rightful heirs.
- Preparing and lodging the probate application with the Supreme Court of Queensland. This includes gathering all necessary documents and ensuring that the application is complete and accurate.
- Managing the estate’s finances, including opening an estate bank account and paying any necessary fees. Proper financial management ensures that all transactions are transparent and accounted for.
- Ensuring that the estate is administered in accordance with Queensland law and the deceased person’s wishes. This includes adhering to legal requirements and timelines.
It is essential to note that as an executor, you have a fiduciary duty to act in the best interests of the estate and its beneficiaries. If you are unsure about any aspect of your role or responsibilities, it is recommended that you seek guidance from a lawyer or other qualified professional.
Challenges Executors Face (And How to Overcome Them)
If you’ve never been an executor before, it’s completely normal to feel overwhelmed. Most people in this position are handling probate for the first time, and the legal steps aren’t always straightforward. You may be wondering:
- Where do I even start?
- How do I know if probate is required?
- What if I make a mistake that causes delays?
These are real concerns, and many executors run into common challenges along the way:
✅ Uncertainty about where to start – Probate involves legal procedures that can feel unfamiliar and intimidating.
✅ Delays from banks & superannuation funds – These institutions often won’t release assets without probate, slowing everything down.
✅ Risk of paperwork errors – Small mistakes can lead to rejected applications, causing avoidable setbacks.
It’s easy to feel stuck, but you don’t have to go through this alone. With the right support, you can avoid these common pitfalls and get through probate smoothly without unnecessary stress.
(The good news? You can navigate probate in a way that’s clear, structured, and stress-free.)
Probate Costs and Fees
The cost of obtaining probate in Queensland can vary depending on the complexity of the estate and the services required. Some of the costs and fees associated with probate include:
Court Filing Fee
The court filing fee for a probate application in Queensland is currently $793.00 (*). This fee is payable to the Supreme Court of Queensland when lodging the probate application.
Publication Fee
The fee for publishing the probate notice in the Queensland Law Reporter is currently $161.70 (*). This publication is a legal requirement to notify potential creditors and interested parties of the probate application.
Solicitor’s Fees
If you engage a solicitor to assist with the probate application, their fees will depend on the complexity of the estate and the services required. Solicitors can provide valuable assistance in navigating the legal requirements and ensuring that the application is correctly completed.
Executor’s Commission
In some cases, the executor may be entitled to a commission for their services, which can be deducted from the estate’s assets. This commission is typically a percentage of the estate’s value and compensates the executor for their time and effort.
*Fees correct as at last update, March 2025.
It is essential to note that these costs and fees can vary, and it is recommended that you seek guidance from a lawyer or other qualified professional to ensure that you understand the costs and fees associated with obtaining probate in Queensland.
How a Fixed Fee Probate Service Helps
Probate might seem complicated, but with the right help, it can be a straightforward process. Our fixed-fee probate service is designed to take the pressure off executors by making everything clear, predictable, and stress-free.
✅ No Hidden Costs, No Surprises – Probate fees can be unpredictable, but with a fixed-fee service, you know exactly what you’re paying upfront.
✅ We Handle the Hard Work for You – From preparing the application to dealing with the Supreme Court, we take care of the legal formalities so you don’t have to.
✅ Clear Guidance at Every Step – You’ll never be left wondering what’s next. We keep you informed and explain everything in plain, easy-to-understand language.
With an expert handling your probate application, you can focus on what truly matters: honouring your loved one’s wishes.
(Now that you know how we can help, here’s why executors across Queensland trust us with their probate applications.)
Why Choose Us for Your Probate Application?
- Queensland Probate Experts – We specialize in probate applications, ensuring a smooth, efficient process.
- Support From Real People, Not Just Paperwork – We know this is more than just a legal process—it’s part of honouring your loved one’s wishes.
- Fixed Fee Peace of Mind – No surprises, no stress. Just a straightforward, supportive service that keeps you in control.
(Ready to get started? Here’s how.)
Next Steps – Get Expert Probate Help for a Fixed Fee
The probate process doesn’t have to be stressful or complicated. With the right guidance, you can handle your role as executor smoothly and with confidence.
📌 Get clarity on whether probate is needed.
📌 Understand exactly what steps to take next.
📌 Avoid delays and unnecessary stress with expert help.
💰 Fixed Fee: $2,000 (excluding court and publishing fees, of $954.70)
🎉 Limited-Time Offer: 30% Discount – Now Only $1,400
We’re ready to assist. Contact us today to get started with a friendly, fixed-fee probate service that puts you in control.
