Frequently Asked Questions about Letters of Administration in Queensland

You will need to get Letters of Administration in Queensland if your loved-one died, did not leave a will and left property, accounts or super funds requiring Letters of Administration for their release.

The Queensland Supreme Court will only issue Letters of Administration to a person eligible to receive this grant. To find out of you are eligible to obtain Letters of Administration contact us here.

The differences between these two Supreme Court grants are:

1. If a deceased person left a will, the application should be for the Grant of Probate. If they left no will the application should be for Letters of Administration.
2. A Grant of Probate recognises the rightful “executor” by looking at the wishes of the deceased as stated in their will. Letters of Administration appoints an “administrator” based on Queensland legislation - particularly the Succession Act 1981.
3. The will attached to the Queensland Grant of Probate determines the beneficiaries of the estate, whereas the Succession Act 1981 determines the heirs of the intestate estate.

In Queensland there are three fees payable for Letters of Administration applications. Click here to read about the costs of the application.

Depending on the circumstances of the estate, and the backlog of the Supreme Court of Qld probate registry, the application may take a month start to finish.

You will never be compelled to act as an administrator, and you are free to decide whether you want to take on this role or not.

You are required to produce the death certificate of the deceased and all official which prove the family tree.

For example, if you are one of the parents of the deceased, you will need to produce their birth certificate. If you are a sibling, you will need to produce the birth certificates of both the deceased and yourself. Please contact us HERE to find out about the requirements of your application.

To start your application for Letters of Administration click here.

We will first publish a notice of your intended application for probate in the Queensland Law Reporter after which two weeks need to pass before your application can be submitted.

During that notice period we will draft all of the documents which you need to execute for the application. After the application is executed, we will prepare the remainder of the documents for the application and submit it to the probate registry for assessment. The Court will then take 2-3 weeks to process the application before it is granted.

There is no deadline to apply for Letters of Administration. It is prudent however to make the application sooner rather than later due to the costs associated with the application rising every year, as well as possible taxation implications related to asset classes such as real estate.

You may be required to produce Letters of Administration for the release of superannuation, and this is one of the most common reasons that we are contacted by family members. There are many factors which determine whether the superannuation trustee requires Letters of Administration or not, including the trust deed, whether the applicants for the proceeds are dependants and whether a binding death benefits nomination was properly executed.

If the deceased left assets in Queensland only, the Supreme Court of Queensland should be able to issue the grant of Letters of Administration. If assets were left in any of the other Australian states it is possible that it is more prudent to apply at another state as different application fees apply. To find out what the most appropriate Supreme Court is for your application get in contact with us here.

The legal fees associated with obtaining Letters of Administration are paid for by the estate. Often times however, a deceased person’s bank funds are frozen before their family members are able to withdraw funds for the payment of Letters of Administration. Generally, this means that one, or all, of the family members will pay for the fees directly, before being reimbursed from the estate once access to the liquid funds is granted.

You will be able to apply from overseas if you have an attorney appointed to apply on your behalf. National Probate and Estates Group often acts as an attorney for overseas applicants for Letters of Administration.

Contact us today to make your application from overseas.

Yes, if your de facto spouse passed away you can apply and obtain Letters of Administration. You may be entitled to the entirety, or a part, of your partners estate. The National Probate and Estates Group is very experienced in representing de factos in Letters of Administration applications. To discuss your entitlements in your de facto’s estate contact us here.

Letters of Administration with a will is the appropriate application to make to the Supreme Court of Queensland if the deceased person left a will, but one of the following has occurred:

1. They did not appoint an executor.
2. The executor does not wish to act; or
3. The executor has died; or
4. The executor does not have testamentary capacity; and
5. The will does not appoint a substitute executor for one or more of the above circumstances.