Everything You Need to Know About Probate Lawyers in Brisbane

Losing someone you care about is hard enough without the paperwork that follows. Once the funeral’s over, many families are left wondering what happens with the house, bank accounts, super, or even personal belongings. That’s where probate often comes in. If you’re in Brisbane and not sure what it means, or whether you even need it, this guide will walk you through the basics.

What Probate Actually Means

Probate isn’t as scary as it sounds. It’s simply the Supreme Court of Queensland confirming that a will is valid. Once that’s done, the person named as executor can legally deal with the estate and collect money from the bank, sell property if needed, pay off debts, and pass what’s left to the people named in the will.

If there’s no will, it’s a little different. In that case, the court issues what’s called letters of administration, which lets someone (often the next of kin) take care of things.

Do You Always Need Probate?

Not always. Some estates are small enough that banks or institutions are happy to release funds without court involvement. For example:

• Joint accounts usually pass straight to the surviving account holder.

• A small amount in a single account might be released with just the death certificate.

But if the estate includes a house, shares, or larger investments, probate is generally needed. And if there are complicated family situations — like stepchildren, overseas beneficiaries, or family disputes — probate gives everything a legal backbone so no one can challenge the process later.

What a Probate Lawyer Actually Does

You might be wondering why people hire lawyers for probate. The truth is, the process can be time-consuming and fiddly. A probate lawyer in Brisbane usually helps with:

• Checking the will and confirming who has the right to apply.

• Preparing all the court forms and lodging them with the Supreme Court.

• Advertising the application (which is a legal requirement).

• Collecting and valuing the assets.

• Paying debts, taxes, and sorting out superannuation or insurance.

• Handling tricky conversations with beneficiaries or family members.

• Making sure the estate is wrapped up properly so titles, accounts, and property are all in the right hands.

How Long Does Probate Take in Queensland?

It varies, but here’s the rough idea:

• You have to advertise the intention to apply first, then wait at least two weeks.

• Once the application is filed, the Supreme Court usually takes four to six weeks for a simple, uncontested matter.

• After probate is granted, the executor still has to collect the assets, clear debts, and distribute everything. That part can take a few more months, especially if property needs to be sold.

So while the court part might be over in a month or so, the full process of finalising an estate often stretches to six months or longer.

What Costs Are Involved?

There are a few different costs in probate:

• Court filing fees charged by the Supreme Court.

• Advertising costs for the notice in the Queensland Law Reporter.

• Lawyer’s fees – which depend on how simple or complex the estate is.

• Other expenses like valuations, certified copies, or executor’s out-of-pocket costs.

For a straightforward estate, the costs aren’t huge. For estates with overseas property, disputes, or multiple beneficiaries, things can get more expensive.

Common Roadblocks

A few issues can slow everything down:

• Wills that are poorly written, unsigned, or confusing.

• Beneficiaries who can’t be found, or who start disputing the will.

• Assets outside Queensland, which usually need extra legal work.

• Delays in getting valuations, property deeds, or official certificates.

These aren’t unusual — which is why many executors prefer to have a lawyer helping out.

Do You Really Need a Lawyer?

Technically, no. The law doesn’t force you to hire a lawyer for probate. But here’s the reality:

• If the estate involves real property or larger assets, it’s safer with legal help.

• If there’s any chance of family disputes, a lawyer keeps things on track.

• If assets are overseas, it gets complicated fast.

• If you’re the executor and already under pressure, having someone handle the legal side is often a relief.

Many people find that getting a lawyer involved actually saves time and avoids costly mistakes.

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Working with a Brisbane Probate Lawyer

If you do decide to engage a lawyer, here’s what usually happens:

1. An initial meeting to go over the will, assets, debts, and family situation.

2. The lawyer advises if probate (or letters of administration) is needed.

3. They prepare and lodge the paperwork with the Supreme Court.

4. You’ll be kept updated as things progress.

5. They’ll liaise with banks, super funds, land title offices, and others.

6. Finally, they’ll help distribute the estate once everything is cleared.

How Connor Hunter Can Help

At Connor Hunter, we’ve been guiding Brisbane families through wills and estates for over 20 years. We know it’s an emotional and stressful time, and our goal is to take the legal pressure off you.

From making sense of the will, to preparing court documents, to dealing with banks or sorting out disputes, we’ll handle the process carefully and respectfully. Our probate lawyers make sure everything is done properly, so you can focus on your family.