Executor guide

Every question an executor needs answered.

Plain-language answers to probate in Australia — what it is, when you need it, how long it takes, and how to do it yourself.

What happens after someone dies

The full sequence — from the moment of death to lodging your probate application.

01

Hospital / Doctor

Cause of death certificate issued

The attending doctor or hospital issues a cause of death certificate. This is an internal medical document — not the official death certificate — but it triggers the registration process.

02

Funeral Director or You

Death is registered and death certificate obtained

The funeral director registers the death with the state registry (Queensland Registry of Births, Deaths and Marriages) and orders certified copies of the official death certificate. You can also register and apply yourself. You will need multiple certified copies — banks, the court, and institutions all require them.

03

Funeral Director

Funeral takes place

The funeral director coordinates the service. The deceased is buried or cremated. This usually occurs within one to two weeks of death.

04

You

Locate the original will

The original will is most commonly held at home or by the solicitor who drafted it. You need the original — not a copy. Check personal papers, filing cabinets, and safes. Contact any solicitors the deceased used if you cannot find it.

05

You + Afterly

Begin your probate application

Once you have the original will and a certified death certificate, you have everything you need to start. Sign up to Afterly, answer the plain-language questions, and we generate every court-required form automatically.

Check your eligibility →

What happens after someone dies

What happens immediately after someone dies in Australia?

The attending doctor or hospital will issue a cause of death certificate. This is not the official death certificate — it is an internal medical document that triggers the next steps. If the death occurs at home or is unexpected, the coroner may be involved before the cause of death is confirmed.

How do I get an official death certificate in Australia?

The funeral director typically registers the death with the relevant state registry on your behalf and orders certified copies of the death certificate at the same time. You can also apply directly to the registry yourself — in Queensland this is the Registry of Births, Deaths and Marriages. You will need several certified copies as banks, institutions, and the court all require originals or certified copies.

What does a funeral director do after someone dies?

The funeral director collects the deceased, prepares the body, registers the death with the state registry, and coordinates the funeral service — burial or cremation. They will typically order certified death certificates on your behalf at the same time. The funeral director is usually your first point of contact after a death and can guide you on the immediate practical steps.

What is the order of steps after someone dies naturally?

The typical sequence is: (1) The hospital or doctor issues a cause of death certificate. (2) The funeral director is engaged and registers the death — or you register it yourself. (3) The funeral takes place and the deceased is buried or cremated. (4) You locate the original will — usually held at home or by the deceased's solicitor. (5) Once you have the original will and a certified death certificate, you can begin the probate application process.

Where do I find the original will?

The original will is most commonly kept at home in a filing cabinet or safe, or held by the solicitor who drafted it. Check the deceased's personal papers first. If you cannot locate it, contact any solicitors the deceased used, or search the Queensland Titles Registry's will registration database. You need the original — a copy is not accepted by the court.

What is probate

What is a Grant of Probate?

A Grant of Probate is a court order issued by the Supreme Court that confirms the validity of the will and formally authorises the executor to deal with the estate. It is the legal document that gives you the authority to access bank accounts, transfer property, sell assets, and distribute the estate to beneficiaries.

Do I need probate to deal with an estate in Australia?

For most estates with significant assets — particularly real property, shares, or bank accounts above a threshold — yes. Most Australian banks, land registries, and share registries will not release or transfer estate assets without sight of a Grant of Probate. Some smaller estates or assets held jointly may not require probate. Afterly's eligibility screening will confirm whether you need to apply.

What is the difference between probate and letters of administration?

Probate applies when the deceased left a valid will and an executor is named. Letters of Administration applies when there is no valid will (intestacy) or when the named executor is unable or unwilling to act. Afterly currently assists with probate applications where a valid will exists.

What assets are covered by a Grant of Probate?

A Grant of Probate covers assets that form part of the deceased's estate — such as bank accounts held solely in their name, real property, shares, vehicles, and personal property. Assets held jointly (which pass automatically to the survivor) and superannuation (which is dealt with separately by the fund trustee) do not form part of the probate estate.

Does superannuation go through probate?

No. Superannuation does not automatically form part of the deceased's estate and is not covered by the will. The superannuation trustee decides who receives the death benefit based on binding death benefit nominations and fund rules. You will need to make a separate claim directly with each fund.

Applying for probate

Is there a deadline to apply for probate in Queensland?

Yes. The executor must file a probate application within 6 months of the date of death. Applications filed after 6 months may still be accepted but require a reasonable explanation for the delay to be provided to the court. Afterly's process typically takes 6–10 weeks from start to grant, well within the deadline for most estates.

Can I apply for probate without a solicitor in Australia?

Yes. There is no legal requirement to use a solicitor for a probate application. Executors can apply themselves — the Supreme Court accepts self-represented applications. Afterly provides step-by-step guidance and generates every court-required form automatically, making the process accessible without legal training.

What documents do I need to apply for probate in Queensland?

You will need: the original will, a certified copy of the death certificate, your personal details as executor (full name, address, occupation), and details about the deceased (full name, date of birth, date of death, last address). Afterly guides you through capturing each piece of information and generates all seven required court forms from your answers.

What court forms are required for a Queensland probate application?

A Queensland Supreme Court probate application requires: Form 100 (Originating Application), Form 101 (Draft Order), Form 104 (Affidavit of Service), Form 105 (Affidavit of Executor), Form 047-A (Exhibit A — Will), Form 047-B (Exhibit B — Death Certificate), and Form 047-C (Exhibit C — additional exhibits if required). Afterly generates all of these automatically.

What are the waiting periods before lodging a Queensland probate application?

There are two mandatory waiting periods that must both elapse before you can lodge. First, you must publish a Notice of Intention to Apply for Probate in the Queensland Law Reporter (ICLRQ Online Portal) and wait a minimum of 14 days from publication. Second, you must wait 7 business days after the Public Trustee of Queensland receives your notice. Both periods must pass — whichever finishes last determines when you can lodge. Afterly tracks both periods and tells you exactly when you are clear to file.

What is service on the Public Trustee in Queensland?

Queensland probate rules require you to serve a copy of your Notice of Intention to Apply on the Public Trustee of Queensland before lodging with the court. You must then wait 7 business days from the date the Public Trustee receives the notice before filing. Afterly generates a pre-filled service email — including your notice number, full email body, and executor contact details — ready to send directly from your email client. You record the service date in Afterly, which tracks the 7-business-day wait alongside the 14-day QLR period.

How much does it cost to apply for probate in Queensland?

There are two main costs: Afterly's flat fee of $99.95 AUD inclusive of GST for document preparation, and the Queensland Supreme Court filing fee of $819.90 (paid directly to the court at lodgement). The ICLRQ notice publication fee is $161.70, paid directly to the Queensland Law Reporter. Solicitor fees for the same application typically start from $700, before court costs.

How long does a probate application take in Queensland?

Completing your Afterly application takes approximately 60–90 minutes. You then wait the mandatory 14 days from notice publication before lodging. After lodgement, the Queensland Supreme Court typically takes 4–8 weeks to issue the Grant of Probate. Total time from starting Afterly to receiving your Grant is typically 6–10 weeks.

Do I need a Justice of the Peace for probate?

Yes. Your affidavit (Form 105) must be sworn or affirmed before a Justice of the Peace, Commissioner for Declarations, or solicitor. JPs are available at most Queensland courts, libraries, and many government service centres — usually free of charge. Afterly tells you exactly what to bring and what to say.

Where do I lodge a probate application in Queensland?

Probate applications in Queensland are lodged with the Supreme Court of Queensland. Registries are located in Brisbane, Rockhampton, Townsville, and Cairns. Where possible, lodge at the registry closest to the deceased's place of residence — this typically reduces processing wait times. You can also lodge by post to any registry. The $819.90 filing fee is paid directly to the court at the time of lodgement. Afterly provides step-by-step lodgement instructions.

About Afterly

What does Afterly do?

Afterly is a document preparation and guidance platform for Australian executors. You answer plain-language questions about the deceased, the will, and your role as executor. Afterly generates every court-required probate form automatically — in PDF and Word format — and guides you through the publication, service, and lodgement steps.

How much does Afterly cost?

$99.95 AUD inclusive of GST. This is a one-time flat fee covering all seven court-required probate forms and step-by-step guidance through the entire application process. There are no subscriptions and no hidden charges.

Is Afterly legal advice?

No. Afterly is a document preparation and administrative guidance service, not a law firm. We generate the forms required for your probate application and guide you through the process. If your estate involves a contested will, active disputes, or significant complexity, we will let you know and recommend you seek independent legal advice.

Which states does Afterly cover?

Afterly currently covers Queensland for probate applications. New South Wales, Victoria, South Australia, and other states are in development and launching through 2026.

When should I sign up to Afterly?

Once you have the original will and a certified death certificate, you have everything you need to begin. You do not need to wait until after the funeral — though most executors begin the probate process once the immediate arrangements are settled, typically a week or two after the death.

Is my information secure with Afterly?

Yes. Afterly uses bank-grade encryption, Australian data storage (Sydney region), and strict access controls. Your estate data is never shared with third parties except where required to deliver the service. Afterly is compliant with the Australian Privacy Act 1988.

Ready to start your probate application?

You need the original will and a certified death certificate. Everything else, Afterly handles.

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$99.95 inclusive of GST · All forms included · No subscription