One of the first practical issues that arises after a death is access to money.
Executors are often faced with immediate expenses, but do not yet have formal authority from the Court. This creates uncertainty about what can and cannot be done in the period before probate is granted.
In most cases, assets held solely in the name of the deceased cannot be freely accessed before probate.
However, there are limited circumstances where funds may be released or dealt with prior to a grant, depending on the nature of the asset and the policies of the relevant institution.
When funds may be accessed before probate
Access before probate is not determined by a single rule. It depends on how the asset is held and the requirements of the institution involved.
Joint bank accounts
Funds held in a joint account will generally pass to the surviving account holder.
In those circumstances, probate is not required for the surviving account holder to continue operating the account, although financial institutions may still require notification of the death.
Small balances
Some financial institutions may, at their discretion, release smaller balances without requiring a grant of probate.
There is no prescribed threshold under Queensland law. Each institution applies its own policy and may require indemnities and supporting documentation before releasing funds.
Funeral expenses
Financial institutions will commonly release funds directly to a funeral provider upon presentation of an invoice.
This is generally limited to funeral expenses only and does not extend to broader access to the account.
Other estate expenses
Outside of funeral expenses, access to estate funds prior to probate is generally restricted.
Financial institutions will typically require a grant of probate before permitting payment of other liabilities or expenses from accounts held solely in the name of the deceased.
What cannot be done before probate
As a general position, executors do not have authority to deal with assets held solely in the name of the deceased until probate is granted.
This includes:
- Withdrawing funds for general use
- Distributing assets to beneficiaries
- Selling or transferring assets without proper authority
Any dealing with estate assets prior to formal authority can raise issues, even where the intention is to act in accordance with the will.
Risks of accessing funds too early
Accessing or dealing with estate assets before authority is established can create complications.
These may include:
- Disputes between beneficiaries
- Difficulty accounting for estate transactions
- Potential personal exposure for the executor
Even informal arrangements can become problematic if later questioned.
When probate becomes necessary
Probate is generally required where assets are held solely by the deceased and institutions require formal authority before releasing them.
This commonly arises in relation to:
- Real property
- Larger bank balances
- Investment accounts or shares
Without a grant, these assets cannot be properly administered.
Practical steps for executors
In the period before probate is obtained, executors typically need to:
- Identify the assets and how they are held
- Notify relevant institutions of the death
- Ascertain what information or documentation is required
- Avoid dealing with assets beyond what is clearly permitted
Maintaining clear records from the outset is also important.
When to obtain assistance
Where there is uncertainty about what can be accessed, or where the estate involves multiple assets or competing interests, it may be appropriate to obtain guidance before taking further steps.
Access to funds before probate in Queensland is limited and depends on the nature of the asset and the policies of the institution involved.
While certain payments may be permitted, general authority to deal with estate assets does not arise until probate is granted.
Understanding that distinction early can assist in avoiding delay, confusion, and unnecessary complications in the administration of the estate.
About ALF Lawyers
At ALF Lawyers, we assist executors in Queensland with probate applications and estate administration.
We focus on ensuring the process is structured, clearly understood, and managed efficiently from the outset.
If you are unsure about your position or the steps involved, it is generally preferable to obtain clarity early.
