Deceased Estate Sale: A Step-by-Step Guide

Selling a Deceased Estate in Queensland

Selling a loved one's property is an emotional and legally complex process. This guide walks you through each step to help you navigate it with confidence.

Step 1: Obtain Probate or Letters of Administration

Before you can sell, you need legal authority:

If there's a will: The executor named in the will applies to the Supreme Court of Queensland for a Grant of Probate. This confirms their authority to act.

If there's no will: A family member (usually next of kin) applies for Letters of Administration.

Timeline: Probate typically takes 4-8 weeks. Some conveyancers can begin preparing for sale during this period.

Step 2: Assess the Property

As executor, you should:

• Secure the property (change locks if needed)
• Maintain insurance
• Continue paying rates and utilities
• Get a professional market appraisal
• Identify any compliance issues (smoke alarms, pool fencing)
• Check for asbestos or structural issues

If the property has been vacant, check for water damage, pest activity, and ensure it's presentable.

Step 3: Manage Beneficiaries' Expectations

If there are multiple beneficiaries, align on:

• Whether to sell or retain the property
• Expected price range (based on professional appraisals)
• Timeline for sale
• How costs will be shared
• Choice of agent and sale method

Put agreements in writing to avoid disputes later. If beneficiaries disagree, seek legal mediation early.

Step 4: Prepare and Market the Property

Deceased estates are often sold "as is," but basic preparation still matters:

• Clear personal belongings (engage a deceased estate clearance service if needed: $1,000-$3,000)
• Basic clean and garden tidy
• Minor repairs if cost-effective
• Professional photography

Buyers of deceased estates often expect a discount. Counter this by presenting the property well and creating competition through proper marketing.

Step 5: Navigate the Sale

Disclosure Obligations

In Queensland, sellers must disclose:

• Known defects
• Flood history
• Neighbourhood disputes
• Any encumbrances on the title

As executor, you may not have lived in the property. Disclose what you know and make reasonable enquiries.

Sale Methods

• Private treaty is most common for deceased estates
• Auction works if the property is in a desirable location
• EOI/set date sale can create competitive tension

Contract Notes

The contract will be signed by the executor "as executor of the estate of [deceased name]." Your conveyancer handles the specific legal requirements.

CGT on Deceased Estates

Property acquired before 20 September 1985

If the deceased bought the property before this date, the beneficiaries' cost base is the market value at the date of death. No CGT applies on any gain up to the date of death.

Property acquired after 20 September 1985

• If the property was the deceased's main residence and sold within 2 years of death: CGT-exempt
• If the property was an investment: CGT applies based on the original purchase price
• If the property was the deceased's main residence but sold after 2 years: partial CGT may apply

The 2-Year Rule

Executors have 2 years from the date of death to sell the deceased's main residence CGT-free. After 2 years, market value at date of death becomes the cost base and CGT applies on any subsequent gain.

Choosing an Agent for Deceased Estates

Look for an agent who:

• Has experience with deceased estate sales
• Is sensitive to the family's emotional situation
• Can manage multiple beneficiaries with different views
• Provides clear, honest pricing without overquoting
• Handles the compliance and presentation preparation

Contact our team for a confidential discussion about your situation. We regularly handle deceased estate sales with discretion and care.

Daniel McCormack

Managing Director, ACRES — Australian Commercial & Residential Group

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