Disclaimer: Probate Consultants is not a legal practice. Information on this website about the law on any subject is general in nature and is intended to provide an outline only. It is not comprehensive, nor does it constitute legal or financial advice.
When a person dies without a Will in Queensland, their estate (assets + debt) can be administered by their closest Next-of-Kin and is distributed to the persons entitled under the laws of intestacy which appear in Part 3 of the Succession Act 1981. This process often involves applying for Letters of Administration (LOA).
Some people panic when a loved one passes away without a Will. They fear the estate will go to the government or family members will not receive a fair inheritance. Whilst dying intestate (without a Will) can create complexities, the law clearly dictates who is entitled to assets as well as who can take charge of dealing with the estate. The laws of intestacy in QLD prioritise the deceased person’s spouse/de facto partner and children. Where these relationships did not exist, there is a defined order in which relatives inherit the estate. Only where the deceased had no spouse, partner or living relatives will their estate pass to the Queensland government.
Intestacy in Queensland – What is it?
Intestacy in QLD means dying without a Will. When a person dies intestate, Queensland State law dictates who is entitled to their estate. These are known as the laws of intestacy and are based on the deceased’s relationships at the time of their passing.
Who is entitled to an estate where the deceased did not leave a Will in Queensland?
Part 3 of the Succession Act 1981 outlines who is entitled to a deceased person’s estate where they did not leave a Will. Entitlements to the estate are based on a hierarchy of relationships. The hierarchy operates so that the person, or persons, at each level of relationship with the deceased are entitled to the whole estate in equal shares. If there is no-one with that relationship, the entitlement moves down to the next tier in the hierarchy. The estate only goes to the government of QLD if the deceased has no relatives and did not leave a spouse or de facto partner.
Straightforward Estate Distributions
Where the deceased leaves a spouse or de facto partner but no children, the spouse/partner is entitled to the whole residuary estate.
Note: Residuary estate refers to the net assets of the deceased once all debts have been paid.
The following hierarchy of entitlements applies where the deceased did not leave a spouse or de facto partner:
At each level of the hierarchy, where there is more than one person in that relationship with the deceased, those persons are entitled to the estate in equal shares.
For tiers 1 (Children), 3 (Siblings) and 5 (Aunts/Uncles), where any persons predeceased the deceased, including where they died within 30 days of them, their share goes to their surviving children in equal shares.
Complex Estate Distributions
Where the deceased leaves a spouse or partner and children, their estate is distributed as below:
The spouse / partner takes:
The Children are entitled to:
Notes:
- If any child predeceased the deceased, or died within 30 days, their entitlement passes to their children in equal shares.
- Distributions become even more complex where the deceased left multiple spouses and/or partners – See Section 36.
Obtaining a Grant of Letters of Administration in Queensland
Firstly, what is a Grant of Letters of Administration in QLD?
A Grant of Letters of Administration in Queensland is a legal document issued by the Supreme Court that certifies:
- The named person has died (the deceased).
- The deceased died intestate (No Will).
- The Administrator appointed in the Grant has the authority to access, manage and distribute the deceased’s estate.
- The deceased’s closest living (senior) Next-of-Kin usually applies to be the Administrator.
A Grant of Letters of Administration is like the key to a deceased person’s estate where they have died without a Will in QLD. It provides the Administrator with legal authority to access and distribute assets as stipulated by the law. This important document proves to asset holders and other institutions (Centrelink, ATO) that the Administrator has the authority to finalise the affairs of the deceased.
Entitlements to apply for Letters of Administration in QLD
The deceased’s senior next-of-kin is entitled to apply for Letters of Administration in Queensland. If multiple people are entitled to apply, they can make a joint application, submit competing ones or some can apply with the approval of the others.
Rule 610 of the Uniform Civil Procedure Rules 1999 provides that the Supreme Court of QLD may grant Letters of Administration on intestacy to persons in the following order of priority:
- Spouse or de facto partner
- Children
- Grandchildren or great-grandchildren
- Parents
- Siblings (or their children where they have predeceased)
- Aunts/Uncles
- First cousins
- Anyone else the court may appoint
Applying for Letters of Administration in Queensland – What are the options for next-of-kin?
There are four main ways to apply for a Grant of Letters of Administration in QLD:
- Apply yourself
- Engage Probate Consultants to assist with your application.
- Instruct a lawyer to act on your behalf
- Authorise a Trustee Company to act as the Administrator
There are pros and cons to each option. Making the right decision will depend upon your needs, capacity, resources, and the type of experience you feel aligned to.
How much does applying for Letters of Administration cost in QLD? ?
Regardless of how you choose to apply for Letters of Administration in QLD, the following fees apply:
- Advertising Fee: $161.70
- Notices for LOA applications are advertised in the Queensland Law Reporter (QLR)
- Supreme Court Filing Fee: $793
- This is the same fee for all LOA applications, irrespective of the value of the estate
If you were to apply yourself without any professional assistance, you would only pay the mandatory fees outlined above to obtain a Grant of Letters of Administration in QLD. If you require assistance with the application, you will also pay professional fees. Every service provider charges different fees and the variance between these costs can be substantial.
There are two main ways to get assistance with your application:
- Solicitors
- Probate Consultants
When does applying for Letters of Administration in QLD become necessary?
In Queensland, a Grant of Letters of Administration is only required if an asset holder (Bank, Aged Care facility, Share Registry) or other institution (ATO, Centrelink) request proof of a person’s legal authority to administer an intestate estate. It is not a mandatory requirement and depends upon the policies of the institutions that hold or control the assets owned by the deceased.
A Grant of Letters of Administration in QLD is required in the following scenarios:
Letters of Administration is also necessary to perform other duties in relation to finalising a deceased person’s estate, including making contact with the ATO regarding tax returns or dealing with liabilities such as mortgages.
Feel free to contact Probate Consultants if you require assistance in determining whether a Grant of Letters of Administration is required in QLD. You can also contact asset holders directly and enquire about their deceased estate policies.
In Queensland, how long does it take to get Letters of Administration granted?
In QLD, Probate Consultants can assist self-represented applicants obtain a Grant of Letters of Administration in approximately 8 weeks.
Application Timeline
Note: Complex application can take longer depending on the Court’s requirements.