Executor Checklist Queensland: Notices, Forms and Time Limits

Being named executor in Queensland usually means public notices, court forms and waiting periods before you can deal with the estate. This executor checklist Queensland guide explains who does what, when a grant may not be needed, the time limits in the court rules and the Succession Act 1981, and the order the steps usually follow.

Who the personal representative is in Queensland

The person named in the will to carry it out is the executor. If there is no will, or the executor cannot or will not act, the Supreme Court appoints an administrator. Both are personal representatives. Their authority comes from a grant: probate, letters of administration with the will, or letters of administration on intestacy.

Whichever title you hold, you collect the assets, pay the debts and distribute what is left under the will or the intestacy rules, keeping records of every receipt and payment.

Does the estate need a grant?

Some Queensland estates never go to court. There is no fixed statutory dollar threshold: each organisation sets its own requirements. The main routes are:

• No grant needed: low value assets such as a small bank account, assets owned as joint tenants (which pass automatically to the survivor), or real estate that Titles Queensland will deal with without a grant.
• Grant of probate: a valid will, and the executor named in it is applying.
• Letters of administration with the will: a valid will, but the named executor cannot or will not act. Anyone with a prior right to apply must first be cleared off.
• Letters of administration (no will): usually a close family member applies, and the intestacy rules decide who inherits.
• Reseal: a grant from another state or country is recognised so Queensland assets can be dealt with.

The Public Trustee of Queensland can also elect to administer some small estates itself; that route is run by the Public Trustee, not the family.

Queensland time limits at a glance

Distributing after 6 months from the death, with no notice of a family provision claim received, generally protects the personal representative. For notices published on or after 28 April 2026, section 135 of the Trusts Act 2025 applies in place of section 67 of the Trusts Act 1973, and a notice in the old form may not give protection.

Executor checklist Queensland: the usual sequence

1. Find the original will. Do not unstaple or alter it; the court keeps it.
2. Order certified death certificates. The one filed is not returned, so order spares.
3. Notify the ATO, Services Australia and each super fund. Super does not automatically form part of the estate.
4. Check with each organisation whether a grant is needed, and work out who has the right to apply.
5. Publish the notice of intention to apply (Form 103) in the Queensland Law Reporter through Queensland Reports, and keep proof.
6. Send a copy to the Public Trustee by post, email, fax or in person.
7. Prepare the forms electronically: Form 101 or Form 102, the matching affidavit (Form 105, 106 or 109) and Form 104, the affidavit of publication and service.
8. File at a Supreme Court registry in Brisbane, Cairns, Rockhampton or Townsville, in person or by post, with the original will and certified death certificate.
9. Collect assets and pay debts, recording the death with Titles Queensland where land is involved, then distribute once the claims periods allow.

Tax and court fees

Queensland has no death duty and Australia has no inheritance tax. The federal tasks remain: a date of death tax return for the deceased (or a non-lodgment advice), and trust returns if the estate earns enough income after the death. Tax owing must be provided for before distributing, or you may be personally liable. CGT generally does not arise when an asset passes to a beneficiary, though it may on a later sale. The Supreme Court filing fee is set by the Uniform Civil Procedure (Fees) Regulation 2019, and Queensland Reports charges for publishing the notice, so check both current rates.

When professional help makes sense

A lawyer is not legally required, and self-represented applicants file directly at a registry. Registry staff cannot give legal advice, and the court suggests a solicitor or the Public Trustee if the process feels overwhelming or the estate is complex, disputed or involves a family provision claim.

The Steady Executor Queensland kit contains five files: a user guide covering the process, deadlines and steps with official sources; an executor workbook that calculates legal deadlines from your dates and tracks assets, debts, the estate account and distributions; financial letters for banks, insurers, super funds, creditors and investment firms; services and agencies letters for utilities, landlords, employers and government bodies; and beneficiary letters with a receipt form.

Sources

• Queensland Courts: Apply for a grant of administration
• Queensland Courts: About grants of administration
• Queensland Reports: Probate notices
• Titles Queensland: Recording a death
• Succession Act 1981 (Qld)
• Uniform Civil Procedure (Fees) Regulation 2019
• ATO: Doing a final tax return for the deceased person