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Probate

Thirty days to nine months, all from one death in Queensland.

Queensland’s Succession Act 1981 counts several periods from the same day. Drawn on one ruler of months, each in the Act’s own words.

Queensland: the clocks one death startsDrawn to scale

From the death

A gift to someone who dies soon after30 days1
Correcting the will6 months2
A distribution protected, no notice of an application6 months3
A distribution protected, after notice of an application9 months4
Family provision9 months5
036912 months
  1. 1

    A gift to someone who dies soon after · 30 days after the death

    If a disposition of property is made to a person who dies within 30 days after the testator’s death, the will takes effect as if the person had died immediately before the testator.

    Succession Act 1981 (Qld), s 33B(1)

    Subsection (1) does not apply if a contrary intention appears in the will.

    Succession Act 1981 (Qld), s 33B(2)

    A general requirement or condition that a beneficiary survive the testator is not a contrary intention.

    Succession Act 1981 (Qld), s 33B(3)
  2. 2

    Correcting the will · 6 months after the death

    An application for an order to rectify a will may only be made within 6 months after the date of death of the testator.

    Succession Act 1981 (Qld), s 33(2)

    However, the court may, at any time, extend the time for making an application under subsection (2) if— (a)the court considers it appropriate; and (b)the final distribution of the estate has not been made.

    Succession Act 1981 (Qld), s 33(3)
  3. 3

    A distribution protected, no notice of an application · 6 months after the death

    No action shall lie against the personal representative by reason of the personal representative having distributed any part of the estate if the distribution was properly made by the personal representative—

    Succession Act 1981 (Qld), s 44(3)

    not earlier than 6 months after the deceased's death and without notice of any application or intended application under section 41(1) or 42 in relation to the estate; or

    Succession Act 1981 (Qld), s 44(3)(a)
  4. 4

    A distribution protected, after notice of an application · 9 months after the death

    No action shall lie against the personal representative by reason of the personal representative having distributed any part of the estate if the distribution was properly made by the personal representative—

    Succession Act 1981 (Qld), s 44(3)

    if notice under section 41(1) or 42 has been received—not earlier than 9 months after the deceased's death, unless the personal representative receives written notice that the application has been commenced in the court or is served with a copy of the application.

    Succession Act 1981 (Qld), s 44(3)(b)
  5. 5

    Family provision · 9 months after the death

    Unless the court otherwise directs, no application shall be heard by the court at the instance of a party claiming the benefit of this part unless the proceedings for such application be instituted within 9 months after the death of the deceased

    Succession Act 1981 (Qld), s 41(8)

Reading the ruler

The rows run from the death: thirty days for a gift to someone who dies soon after, six months for correcting a will, six and nine months in section 44 for a distribution the Act protects, and nine months in section 41 for family provision.

Notice changes the clock

Section 44(3) protects a personal representative who distributes properly after one of two periods, and which one applies turns on whether notice of an application has been received. The opening words of the subsection and both paragraphs are quoted, and the link opens the rest of section 44.

Where the words come from

  • Succession Act 1981 (Qld)Current version, read 15 October 2026. Queensland Legislation, Office of the Queensland Parliamentary Counsel, CC BY 4.0

Every sentence in quotation marks on this page is copied from the Act or rules named beneath it. Acts change; the link opens the version in force today.