Frequently asked questions about deceased estates

An administrator may not be able to deal with the deceased estate until the Supreme Court of Queensland has granted them ‘letters of administration’. Letters of administration are issued by the court after the court has examined certain documentation and is satisfied the person applying for letters of administration is authorised to administer the estate. Letters of administration are a form of grant for a deceased estate like probate. It is most typically applied for by a family member who may benefit from the estate.

In some cases, it may not be necessary to obtain letters of administration and family members may be able to deal with the estate without it. However, some organisations that administer assets may require letters of administration to be produced before they will release the asset to the estate.

Letters of administration may also apply if there is a Will, and the named executor(s) does not act. For example, the executor has predeceased, or the executor is unable or unwilling to act in the administration of the estate. Someone else may apply to administer the estate with the Will and they will obtain letters of administration rather than probate.

If no one can be traced or it is uncertain whether someone is still alive who could benefit, then their share in the estate may be held in unclaimed monies.

If you don’t have any living relatives at all, then the law says that your estate will go to the Crown (that is the Government).

Yes, a de facto partner has the same rights as a spouse and is defined as 'either one of two persons who are living together as a couple in a genuine domestic basis but who are not married to each other or related by family.' A de facto partner can be a same-sex partner, or of any gender. To share in the estate of a partner who has died intestate, the relationship must have been in existence continuously for at least two years ending on the deceased’s death.

An adopted person has the same rights as any lawful child to the estates of their adoptive parents and the relatives of their adoptive parents, as though they are natural grandchildren, brothers or sisters, or nephews or nieces.

When an adopted person dies without a valid Will, their adoptive parents and their next of kin have the same rights as if they were the adopted person’s natural parents and next of kin. Additionally, the descendants of an adopted person have the same relationship rights as their parent.

A child born out of marriage has the same rights to share in an estate as a child born in a marriage. At times, there may be a need to prove paternity. Proof of paternity may include evidence such as: the father admits paternity during his lifetime, or paternity is established against the father during his lifetime, or a declaration of paternity is made by the Supreme Court after the father’s death. If the father wants to be eligible for a share of a child’s estate, paternity must have been established while the child was living.

Find out about our fees and charges or use our fee estimator tool for a guide on the costs of full estate administration.

The process of administering a deceased estate usually takes 6–12 months, but it can take longer. Queensland Public Trustee will wait six months in most circumstances to see if anyone makes a claim against the estate. Other factors may contribute to extended timeframes with the administration such as legal actions, delays with the sale of assets or differing views among the beneficiaries.

Queensland Public Trustee can take over the full administration of the estate or help with specific tasks in the administration. Find out about handing over executor duties or support with specific tasks.

Throughout the administration, beneficiaries will receive regular updates about what we have done and what is left to do. Beneficiaries will be contacted to find out what their views are about certain actions that we need to take. For example, we might ask the beneficiaries whether they want an asset sold or transferred to them.

Where Queensland Public Trustee is appointed as an administrator or financial attorney for a person with impaired decision-making capacity, Queensland Public Trustee is required to consider whether a claim should be made against the estate. This consideration process is undertaken regardless of whether Queensland Public Trustee prepared the Will or is acting as executor of the estate.

If the situation arises where Queensland Public Trustee is acting in multiple capacities, Queensland Public Trustee has a range of policies in place to support this decision-making process and ensure all interests are considered independently of each other.

Further details on these procedures can be found:

• Information Barrier Policy
• Structured Decision-Making Framework – Queensland Public Trustee
• Information Privacy Plan 2019

We have a team that specialises in developing family trees and tracing next of kin throughout Australia and overseas.