Fixed-fee probate is a pricing model where you pay one set amount for all legal work to get your grant of probate in Queensland.
When someone dies and leaves a valid will, the executor needs the Supreme Court’s approval to access bank accounts and distribute assets to beneficiaries. But the thing is, without knowing your legal costs upfront, you’re left guessing whether you’ll pay $2,000 or $6,000 as the probate process unfolds.
With fixed-fee probate, however, you’ll know exactly what you’ll pay before filing your application. This article covers what’s included in fixed-fee packages and how they compare to hourly billing. We’ll also explain the probate application process and detail when you need letters of administration instead.
And if you need an extra hand, Queensland firms like securatorlegal.com.au specialise in fixed-fee arrangements for estate administration.
Let’s dive into how this pricing structure works.
What Is Fixed-Fee Probate and How Does It Work in Queensland?
Fixed-fee probate means you pay one set price for all legal work from start to finish.
Unlike hourly billing, where costs climb with every email or phone call, your fixed fee stays the same throughout the entire probate process.
Your solicitor will handle all court applications, document preparation, and correspondence for that single price.
But how does this differ from what most firms charge?
Well, traditional law firms usually bill by the hour, so a quick question about court filing fees or a delayed response from the Supreme Court can add hundreds to your final bill.
Aside from that, the Queensland Supreme Court has specific requirements for probate applications, including advertising in the Queensland Law Reporter and lodging original documents with the court. Your solicitor will navigate these requirements on your behalf, so you don’t need to decode legal procedures yourself.
Plus, most fixed-fee arrangements cover straightforward estates where the will is valid and uncontested.
What’s Included in Your Fixed-Fee Probate Package
A typical package covers all legal work, court document preparation, and filing services. You’ll find most Queensland firms include similar core services, though some add extras.
Here’s what you can expect in a standard package.
Legal Work and Advice
Your solicitor reviews the will for validity and prepares all the Supreme Court application forms required for your grant of probate. Drawing from our experience with Queensland estates, your solicitor will provide advice on executor responsibilities, asset identification, and how to notify beneficiaries properly.
Also, all affidavits, notices to creditors, and statutory declarations get drafted as part of the service.
Court Documents and Filing
The application bundle includes Form 4, the original will, death certificate, and executor affidavits. Your solicitor certifies documents, handles photocopying, and lodges everything with the Brisbane Supreme Court registry.
For example, Townsville executors can file at their local registry instead of travelling to Brisbane. Court filing fees, however, sit separately from legal fees and currently total around $981 (and yes, the court wants its cut too). So that’s $819.90 for the probate filing fee plus $161.70 for advertising in the Queensland Law Reporter.
What’s Usually NOT Included
Contested wills, missing beneficiaries, or complex asset valuations often require additional charges.
We’ve seen cases where beneficiary disputes or overseas property trigger extra costs beyond the base fee. Some firms also charge extra for urgent applications or estates with property in multiple states.
Knowing all of that, let’s look at what you’ll actually have to pay.
Fixed Fee vs Hourly Billing: What You’ll Actually Pay
Now you might be asking: how much does probate cost in Queensland, and which billing method will save me money? The answer mostly depends on your estate’s complexity and how smoothly the process runs.
Fixed fees in Queensland currently sit between $2,200 and $4,500 for straightforward estates. The price varies based on estate complexity, firm location, and what’s included. On the other hand, the hourly billing starts at $300-$500 per hour, with your final bill depending on how long everything takes.
A simple probate typically needs 8-12 hours of legal work, which has the potential to make hourly billing cheaper initially. But our work with executors has shown that unexpected questions, Supreme Court queries, and beneficiary disputes push hourly costs up fast.
Fortunately, fixed-fee probate protects you from these surprises, even when your matter takes longer than expected. Court filing fees add another $981 on top of legal fees, regardless of which billing method you choose.
Pro tip: Look for solicitors who offer payment plans for fixed fees. So you can spread costs over several months.
How to Apply for a Grant of Probate in Queensland: Step-by-Step Guide
Once you’ve chosen your legal support, you’ll need to gather documents and lodge your application with the Supreme Court. The grant of probate process follows a few set steps:
Step 1: Collect Original Documents
The Supreme Court requires the original will, not photocopies, plus a certified death certificate. You’ll also need marriage certificates, asset ownership proof, and any codicils to the will.
The court needs these papers to verify authenticity before issuing your grant. And missing originals can delay your application by weeks (the most common missing document is actually the original will itself).
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Step 2: Complete Court Forms and Affidavits
Your solicitor prepares Form 4, executor affidavits, and notices to creditors using estate details you provide. You’ll need to swear or affirm these documents before a justice of the peace or solicitor.
Step 3: Lodge With The Supreme Court
Applications go to the Supreme Court registry in Brisbane or regional Queensland offices.
From there, the court will review everything for 14 days, after checking compliance with probate rules. Once approved, your grant will be issued within 2-4 weeks. That’s when you can officially access bank accounts, sell property, and handle all the estate’s financial matters.
What Happens After You Receive the Grant of Probate
Now that you’ve got the grant, your work as executor actually begins. The grant will give you legal authority to collect assets, pay debts, and distribute inheritance to beneficiaries.
Remember that banks, super funds, and government agencies need certified copies of the grant before releasing estate funds. So you’ll need to notify creditors, file tax returns, and settle all debts before making final distributions to beneficiaries.
Based on our firsthand experience with estate administration, the process often continues for 6-12 months after probate. For example, selling property or transferring shares takes time even with the grant in hand. And many executors work with their solicitor on an hourly basis during this phase for ongoing estate issues.
But what happens if there’s no valid will, or the executor named in the will can’t serve?
When Letters of Administration Replace Probate
Letters of administration apply when someone dies intestate or when executors are unavailable or unwilling to act. The application process mirrors probate but requires extra forms proving your legal right to administer the estate.
And unfortunately, Queensland’s intestacy rules dictate who inherits, not the deceased’s wishes. So this process becomes way more legally complex.
Getting Started with Fixed-Fee Probate in Queensland
Fixed-fee probate removes cost uncertainty during one of the hardest tasks you’ll face as an executor. We’ve covered what’s included in fixed-fee packages, how costs compare to hourly billing, and the steps to apply for a grant of probate in Queensland.
From what we’ve covered in this article, you should start by getting quotes from Queensland solicitors who offer fixed-fee services. Then, ask what’s included, what triggers additional charges, and whether payment plans are available (or any last-minute confusions you might have). And finally, check that the firm has experience with Supreme Court probate applications.
You’ll notice that the right solicitor will make the process smoother, will explain your duties clearly, and will handle court requirements properly.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Every individual’s circumstances are unique, and the information provided may not apply to your specific situation. Securator Legal does not accept responsibility for any loss, cost, or damage incurred as a result of reliance on the material in this article. For tailored advice, we strongly recommend consulting a qualified legal professional before making any decisions regarding wills or estate planning.
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