How Do You Sell a Deceased Estate on the Gold Coast?
Step-by-Step Guidance for Executors in a Difficult Time
When You’re Grieving and Need Guidance
Losing a loved one is never easy. And when you’re also responsible for handling their property, possibly the family home, it can feel overwhelming. If you’re the executor or next of kin, you might be asking:
- “Where do I even begin?”
- “What are the legal steps in Queensland?”
- “How can I sell the property respectfully and efficiently?”
You’re not alone. On the Gold Coast, selling a deceased estate involves unique legal, emotional, and market considerations. This page is your guide to navigating the process with clarity and care.
What Is a Deceased Estate Sale?
A deceased estate sale occurs when a property owned by someone who has passed away needs to be sold. In Queensland, the sale is typically managed by the executor named in the will, or by an appointed administrator if there is no will.
Step-by-Step: Selling a Deceased Estate in Gold Coast
1. Confirm Your Legal Role as Executor or Administrator
Before anything else, ensure you have legal authority. If you’re named in the will, you may need to apply for a Grant of Probate. If there is no will, you may require Letters of Administration. These are issued by the Supreme Court of Queensland.
What Is an Executor and What Do They Do?
An executor is the person or organisation named in a will to manage the deceased’s estate and ensure their wishes are carried out. It’s a role that comes with both legal authority and personal responsibility, often during an emotionally difficult time.
If you’re the executor of a deceased estate on the Gold Coast, you’ll be responsible for a series of legal, financial, and administrative tasks before the estate can be distributed or sold.
Key Responsibilities of an Executor in Queensland
✅ 1. Locating the Will
One of the first steps is finding the original, signed will. This can sometimes be challenging, especially if the deceased didn’t clearly document its location.
✅ 2. Applying for Probate
If required, you’ll need to apply for a Grant of Probate through the Supreme Court of Queensland. This legal document gives you the authority to manage and distribute the estate. The probate process involves court forms, filing fees, and can take several weeks or longer.
✅ 3. Notifying Beneficiaries
As executor, it’s your duty to formally notify all beneficiaries named in the will. This includes explaining their entitlements and keeping them updated throughout the administration process.
✅ 4. Collecting and Securing Assets
From real estate to bank accounts and personal belongings, the executor must locate, secure, and manage all of the deceased’s assets to prevent loss or misuse.
✅ 5. Paying Debts and Final Expenses
Before anything is distributed, the estate must settle any debts, such as loans, credit cards, or outstanding bills, as well as cover funeral costs and legal fees.
✅ 6. Lodging Final Tax Returns
You may need to lodge tax returns for both the deceased person and the estate. It’s often wise to seek help from an accountant to avoid penalties or overpayments.
✅ 7. Distributing the Estate
Once all liabilities are paid and legal steps completed, you’ll distribute the remaining assets according to the will.
Who Can Be an Executor?
Anyone over 18 and of sound mind can act as an executor in Queensland. It’s common for people to appoint:
- A trusted family member or friend
- A solicitor or professional executor
- A trustee company
The role can be complex and time-consuming, especially when dealing with a property sale, family tensions, or legal requirements, so it’s crucial that the executor is someone dependable and well-organised.
What Is a Grant of Probate in Queensland?
A Grant of Probate is a legal document issued by the Supreme Court of Queensland that confirms a will is valid and gives the named executor the authority to manage the deceased’s estate. This includes collecting assets, settling any debts, and distributing the estate according to the instructions in the will. Without this grant, many banks and institutions won’t release funds or allow the transfer of property.
What Are Letters of Administration in Queensland?
Letters of Administration are a legal order granted by the Supreme Court of Queensland that authorises someone, called an administrator, to manage and distribute a deceased person’s estate. This typically happens when there is no valid will or when the named executor is unable or unwilling to act. The administrator takes on the legal responsibility of collecting the deceased’s assets, paying any debts, and distributing what’s left to the rightful beneficiaries under Queensland’s intestacy laws.
2. Secure the Property
Change locks if needed, cancel utilities, and check the property’s insurance policy. Ensure the home is covered for vacancy during the probate process.
3. Obtain a Property Appraisal
Contact a trusted Gold Coast real estate agent who understands deceased estates. They’ll provide a market appraisal and explain what’s realistic given the condition and local demand, from Coolangatta to Yatala and everywhere in between.
4. Apply for Probate or Administration
This step can take 4–8 weeks, depending on complexity. Your solicitor or estate lawyer can help lodge the application.
5. Prepare the Property for Sale
Simple improvements like garden tidy-ups, fresh paint, or removing personal items can significantly boost buyer interest. Keep the tone neutral and respectful, you’re not just selling a house, you’re closing a chapter.
6. Distribute or Store Belongings
Consult family members about what should be kept, donated, or discarded. Consider hiring professional estate cleanout services if needed.
7. Choose an Agent Experienced with Deceased Estates
Gold Coast real estate agents with experience in estate sales can:
- Handle marketing sensitively
- Manage buyer expectations
- Navigate multiple beneficiaries or family stakeholders
8. Complete the Form 2 Disclosure Statement
In Queensland, as of 1 August 2025, sellers must provide a Form 2 Seller Disclosure Statement prior to signing a contract. This includes key legal and structural information about the property.
9. Set a Selling Strategy
You might consider auctioning the property (especially in hot suburbs like Burleigh Heads or Surfers Paradise) or using a private treaty method. Your agent can recommend the best strategy for your circumstances.
10. List and Market the Property
Ensure your agent highlights relevant features while keeping the tone appropriate. Use professional photography and consider staging, especially if the home is older.
11. Review Offers and Negotiate
If multiple parties are involved (siblings, co-executors), set clear expectations before negotiations begin. Your agent can act as a buffer and guide.
12. Finalise the Sale and Distribute Funds
Once contracts are exchanged and settlement is complete, the proceeds are distributed per the will or intestacy rules. Always consult your legal advisor before distribution.
Legal Essentials for Queensland Sellers
Selling a deceased estate on the Gold Coast isn’t just an emotional task, it’s a legal one. Here’s what you must know:
✅ Probate or Administration Is Mandatory
You can’t transfer or sell the property without court-issued authority.
✅ New Seller Disclosure Rules Coming into Effect
Property Law Act 2023 form 2, this form will not be in effect until 1 August 2025. You will continue to use the forms under the Property Law Act 1974 until that date. From 1 August 2025, a Form 2 Disclosure will legally be required before entering a contract of sale.
✅ Capital Gains Tax May Apply
If the property isn’t sold within two years of the deceased’s passing, CGT exemptions may expire.
Common Challenges and How to Overcome Them
🧩 Probate Delays
Start early and ensure the application is accurate. Your solicitor can help avoid rejections.
🏚️ Emotional Trauma
Engage a neutral third party for clearing out belongings. It’s often easier when someone else manages the logistics.
🧑⚖️ Family Disagreements
Communicate openly and document decisions. A good solicitor can also help mediate disputes.
🕰️ Market Timing Concerns
The Gold Coast market remains resilient in many pockets. Your agent can advise whether to wait or sell quickly.
You’re not just selling a property. You’re honouring a legacy.
Author – Craig Douglas
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing the sale of property in Queensland are complex and constantly changing. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
Are you ready for a casual chat?
Let’s get you Selling
LET’S GET YOU SOLD!
Phone me now, Craig Douglas 0418 189 963
Professional | Knowledgeable | Experienced
This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight”.
I negotiate and sell on behalf of property owners who want to get the best possible price, with the least amount of hassle. Let’s talk about the process of selling your property over a coffee to get you started – 0418 189 963
