Probate vs. Estate Administration: What’s the Difference?
When a loved one passes away, families are often faced with a maze of legal steps and unfamiliar terms. Two that cause the most confusion are probate and estate administration. While they sound similar, they’re not the same thing, and knowing the difference matters if you’ve been appointed as an executor or are stepping in to manage a loved one’s affairs.
This guide breaks down estate administration vs probate, with a focus on what it means in Queensland, so you can understand which process applies in your situation.
Our experienced estate administration lawyers, Dion McCurdy and Liam Ellery, will help you understand the difference in this guide. Call us today on (07) 3703 1888 or book a consultation to get trusted advice and support.
What Is Probate?
Probate is a formal process where the Queensland Court confirms that a will is valid. Once granted, the executor named in the will can then manage the deceased's estate — from accessing bank accounts to transferring real estate.
Probate is usually required when:
The deceased person owned property solely in their name.
Banks or financial institutions demand a grant of probate before releasing funds.
Share registries, superannuation funds, or insurance providers need proof of authority.
Without probate, many institutions won’t release funds or assets to the Executor, as they need court confirmation that the will is legitimate.
What Is Estate Administration?
Estate administration is the broader process of collecting a deceased person’s assets, paying their debts, and distributing the remaining assets to their beneficiaries. Executors or administrators essentially administer the estate.
In Queensland, there are two main paths to estate administration:
Probate – when there’s a valid will and the executor applies to the Supreme Court for approval.
Letters of Administration – when there is no valid will, or the executor named in the will can’t act. In this case, the court appoints an administrator who applies for letters, giving them the authority to administer the estate.
So while probate is often part of estate administration, not all estate administration involves probate. Sometimes, executors or administrators must apply for a grant of administration to carry out their duties.
Key Differences Between Probate and Estate Administration
| Aspect | Probate | Estate Administration |
| When used | When a valid will exists, an executor applies to the court. | Broader process of administering a deceased estate, with or without a valid will. |
| Court involvement | Requires a grant of probate from the Supreme Court. | May involve probate, or a grant of letters of administration if there’s no will. |
| Authority | Confirms the executor’s authority under the will. | Appoints either executor (via probate) or administrator (via letters of administration). |
| Distribution | Assets are distributed according to the will. | Executors or administrators distribute the estate according to the terms of the will or intestacy laws if no will exists. |
By recognising these differences, executors can avoid missteps. For example, if you mistakenly apply for probate when there is no valid will, you’ll face delays and added costs.
Estate Administration in Queensland
Estate administration in Queensland is governed by the Succession Act 1981 (Qld). Executors or administrators may need to:
Apply for probate or letters of administration.
Collect and protect assets, including bank accounts, real estate, and investments.
Pay outstanding debts, tax obligations, and funeral expenses.
Administer the estate and distribute it to beneficiaries under the will or intestacy laws.
The process can take months or even over a year, depending on the complexity, presence of disputes, or the need for missing documents. Executors often feel the burden of responsibility and fear being personally liable for mistakes. Professional guidance helps ease this pressure.
When Probate Is Not Required
Not every estate in Queensland needs probate. For example:
If the only asset is jointly owned property, it usually passes automatically to the surviving owner when a person dies.
Some banks will release small balances without requiring probate.
However, if the estate includes real estate or large financial accounts, probate or a grant of administration is generally unavoidable.
Why Legal Guidance Matters
At Direct Lawyers, our estate administration team, led by professional and experienced lawyers Dion McCurdy and Liam Ellery, regularly assists executors and administrators who feel overwhelmed. They’ve seen how confusion between probate and estate administration can delay the process and create unnecessary conflict among families.
Legal advice ensures that:
The correct application is made.
Executors understand their duties and avoid personal liability.
Estates are finalised in line with Queensland law.
Supporting Your Next Steps
If you’re still unsure whether you need probate or letters of administration, you’re not alone. Many families find this stage of administering a deceased estate confusing.
For further clarity, you may find our guide on What Really Happens During Probate helpful, as well as our resources on executor duties and estate administration costs.
Outbound Reference
For official information, refer to the Queensland Government's Succession Law resources.