How Do You Sell a Deceased Estate on the Gold Coast?
Selling a deceased estate on the Gold Coast starts with confirming your legal authority as the executor or administrator, often requiring a Grant of Probate or Letters of Administration. Once authorised, you’ll manage the estate by securing assets, paying debts, and preparing the property for sale. Working with experienced legal and real estate professionals helps ensure a smooth, compliant process.
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 proceeding, ensure you have the necessary 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. The Supreme Court of Queensland issues these.
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 their 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 the necessary legal steps are 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 wouldn’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 assumes the legal responsibility of collecting the deceased’s assets, paying any debts, and distributing the remaining assets 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 assist you in applying.
5. Prepare the Property for Sale
Simple improvements, such as 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 with family members to determine 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
As of August 1, 2025, in Queensland, sellers must provide a Form 2 Seller Disclosure Statement before 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 maintaining an appropriate tone. Use professional photography and consider staging, especially if the home is older. Consider vendor-paid advertising finance, which allows you to cover your marketing budget now, then pay for it later, after your home is sold.
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 comes into effect on 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 be legally required before entering into 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 and complete. Your solicitor or conveyancer 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.
THIS IS HOW YOUR JOURNEY TO A SUCCESSFUL GOLD COAST PROPERTY SALE STARTS
My simplified guide below will take you through a 20-step process for selling your property anywhere on the Gold Coast;
I proudly sell homes across the entire coast.
1. PREPARING YOUR GOLD COAST PROPERTY FOR SALE + SOME OF THE LEGAL REQUIREMENTS
- Tidying gardens and decluttering everything inside and out.
- All homes for sale, are legally required to have hardwired photoelectric, interconnected smoke alarms.
Non-removable 10-year battery smoke alarms can be installed as an alternative.
- By law, you are required to complete a pre-contractual seller’s disclosure statement: generally related to limitations, restraints, or defects in the property title, such as easements, covenants, leasing, zoning, etc.
- A pool safety certificate is also required if you have a swimming pool or if the property has a shared swimming pool (Body Corporate).
2. COMPARATIVE MARKET ANALYSIS REPORT FOR YOUR GOLD COAST PROPERTY
After showing me around your property, I will provide you with a Comparative Market Analysis (CMA) report. This is a detailed, legally required analysis of your home’s market value.
The CMA is based on recently sold and for-sale properties similar to yours in the immediate area. I will need to view your home to prepare this report.
3. SETTING A MARKETING BUDGET FOR YOUR GOLD COAST HOME
The third step in selling your home is to create a marketing budget.
By law, this must be based on actual costs.
There are various marketing options to consider, such as:
– Internal, External and Drone Photography.
– Property and House Plans show potential buyers the exact layout of your home and property.
– Internet Advertising on platforms such as RealEstate.com.au, Domain.com.au, Facebook.com, Instagram.com, etc.
– For Sale Sign on the street is still essential to attracting potential buyers. Even though many buyers start their search online, they often drive around neighbourhoods to see what’s available.
A simple fact: Not having a For Sale sign can significantly reduce the number of people who see your property and may be interested in buying it.
4. PREPARING AND APPROVING THE FORM 6 AGREEMENT WHEN SELLING A GOLD COAST PROPERTY
A Form 6 Agreement is a document provided by the Queensland State Government. It outlines all relevant details of the property sale, including the marketing budget.
Our administration team will prepare this form for you and send it for your review and approval.
5. PAYING THE MARKETING BUDGET FOR YOUR GOLD COAST PROPERTY
Once you have approved the Form 6 Agreement, the next step is to pay for the marketing budget that you have chosen.
6. STARTING THE ADVERTISING PROCESS
Once your payment is received, the advertising campaign will commence.
Advertising strategies will align with the choices you made within your marketing budget.
7. MONITORING MARKET RESPONSE
If your property hasn’t received offers within 30 days, don’t assume there’s no interest.
It often means the price isn’t aligned with what buyers are willing to pay at this time.
This is your signal to review and adjust your pricing strategy so your home remains competitive and receives the attention it deserves.
8. ARRANGING BUYER VIEWINGS
When buyers express interest in your property, viewings will be arranged to allow them to see your home in person; you need to be away from the property during these viewings.
This helps potential buyers feel relaxed and visualise themselves as the new owners, thereby forming a deeper connection with your property.
9. CONSIDERING A BUYER’S OFFER
When you receive an offer on your home, it means a buyer is serious and ready to move forward at a certain price.
This is a key moment in your selling journey. Take the time to go over the offer carefully.
Look beyond the price; check the terms, conditions, and settlement timeframes. Make sure it works for you before accepting, countering, or declining.
10. ACCEPT, COUNTER, REJECT
When an offer is presented, you will need to respond by accepting, countering, or rejecting it.
Accepting locks in the agreed-upon price and terms.
Countering proposes changes and initiates further negotiations. If countering, present revised terms clearly; open, respectful communication is key for a smooth sale.
Rejecting means the offer is unacceptable; in this case, respond promptly and professionally, explaining your reasoning for the decision.
11. YOUR LEGALITIES
When you finally accept an offer, you will engage your conveyancer or solicitor to facilitate the legal requirements to complete the sale.
If you are part of a Body Corporate, you will need to provide a Disclosure Statement from them.
Your solicitor will use PEXA to settle your property. Part of the process requires Verification of Identity. Also, anyone selling a property must complete an ATO Clearance Certificate.
12. BUYER’S DEPOSIT
The buyer’s deposit is a crucial step in the property purchase process; it will be held in the agency’s Trust account.
This is a tangible expression of the buyer’s commitment to purchase your property.
13. BUILDING AND PEST INSPECTIONS
Typically, a buyer will arrange for a building and pest inspection report to be completed, usually within 14 days of the contract date.
Additionally, they may have the contract subject to finance, which is generally applicable for 21 days from the contract date.
14. COMPLETING YOUR GOLD COAST PROPERTY SALE
Based on the outcome of the building and pest inspection report, as well as any finance being sought, the buyer will proceed with their offer or withdraw it.
At this point, the sale either falls through or becomes unconditional.
15. LOOKING FOR YOUR NEW PROPERTY
If the sale becomes unconditional, it is time to start looking for a new property. Remember, there is no need to rush.
It is essential that you take your time, as this needs to be a very considered purchase.
Your new home is of substantial value and can be costly if you change your mind. Something you may want to investigate is Short-Term Bridging Loans.
16. ALTERNATIVES YOU SHOULD CONSIDER
An alternative to seriously consider when deciding where to live between selling and buying is renting while you look for a new property.
Renting for a short period gives you breathing room; it allows you time to clear your head, make a confident, considered decision, and ultimately buy where you truly want to live, with no pressure or panic.
17. TIME FOR YOU TO MOVE
Leaving your home opens doors to a new chapter full of new beginnings. Embrace the excitement of a fresh start and cherish the memories you’ve made.
Every box you pack brings you one step closer to a new adventure full of possibilities that lie ahead.
18. YOUR SALE CONCLUDES
The culmination of the property sale is settlement; it marks the transfer of the property to the new buyer.
As the final chapter concludes, this marks a sense of achievement: your property has now SOLD.
19. YOUR FUTURE OPTIONS
If you have chosen to rent, you will continue to look for and eventually purchase a property, apartment, or perhaps even buy land and build; now there’s something to consider.
20. TIME TO UNWIND AND MAKE YOUR NEW HOME YOUR OWN
As you unpack and furnish your new home, embrace the gradual process of creating your haven.
Enjoy the transformation, one room at a time.
Relax in the tranquillity of your surroundings and immerse yourself in the gentle sounds of your new neighbourhood.
Explore the nearby parks and cafes; enjoy the unique charm of your new community.
Remember, settling in is a journey in itself; it’s not a race. Embrace the process of creating a home that reflects your unique style and personality.
Whether you’re downsizing, relocating or just ready to move on, I’ll guide you through every step of selling your Gold Coast home with confidence and ease.
Navigating the intricacies of selling your property can be complex, but it doesn’t have to be.
My 20-step guide provides a simplified general overview; as you would naturally expect, your steps may vary.
Author – Craig Douglas
Are you ready for a conversation about selling your Gold Coast home?
Let’s get you Selling
LET’S GET YOU SOLD
Craig Douglas 0418 189 963
Professional | Knowledgeable | Experienced
You can find me working at a Boutique Real Estate Agency
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.
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
