When someone passes away, the responsibility of managing their estate—everything they owned, owed, and wished to pass on—often falls to someone close to them. This can be a confronting and emotional time, made more difficult by the need to navigate legal and administrative processes. One of the most common, and often least understood, of these processes is probate.

At its core, probate in Australia is the legal recognition that a person’s will is valid and that the executor named in that will has the authority to carry out its instructions. It’s a formal step that allows banks, government departments, super funds, and other institutions to release assets to the estate.

This page is here to offer a clear, impartial overview of probate in Australia—what it is, why it matters, and how it fits into the broader picture of estate administration. While we don’t provide legal or financial advice, we aim to give you the grounding you need to move forward with confidence.

Nothing on this page should be taken as legal or financial advice. Legasy is an informational platform only.

What Is Probate?

Probate is a Supreme Court process that confirms the validity of a deceased person’s will. When granted, it provides the executor with the legal authority to manage and distribute the estate in line with the will’s instructions.

This typically involves:

  • Collecting and valuing assets
  • Paying debts and outstanding taxes
  • Distributing what remains to the nominated beneficiaries

If a person dies without a will, the process is different. Instead of applying for probate, someone close to the deceased may need to apply for letters of administration. We cover this on a dedicated page here.

When Is Probate Required?

Not every estate in Australia requires probate. Whether you need it depends on several factors, including:

  • The size and nature of the estate
  • Whether assets are held solely or jointly
  • The requirements of banks, super funds, or other institutions holding the deceased’s assets

For example, if someone held all their assets jointly with a spouse—such as a shared bank account or property—those assets often pass directly to the surviving partner and may not require probate. On the other hand, if the estate includes a home owned solely by the deceased, or multiple financial accounts, institutions will usually ask for a probate grant before releasing funds.

Each organisation has its own thresholds and rules. A bank might release funds under $50,000 without probate, while others may require it for smaller amounts. It’s important to check with the relevant institutions individually.

Who Applies for Probate?

The person named in the will as the executor is responsible for applying for probate. This role comes with significant duties, including ensuring that the estate is managed in accordance with the law and the wishes of the deceased.

If there are multiple executors named, they may apply together or choose to nominate one person to act. If the named executor is unwilling or unable to act, the court may appoint someone else.

For estates without a valid will, a close family member—usually the next of kin—may need to apply for letters of administration instead.

Probate Is a State-Based Process

One of the most important things to understand is that probate is managed at the state or territory level. That means the rules, forms, timeframes, and court fees differ depending on where the deceased lived and held assets.

Each state and territory has its own Supreme Court probate division:

  • NSW: Supreme Court of New South Wales
  • VIC: Supreme Court of Victoria
  • QLD: Supreme Court of Queensland
  • WA: Supreme Court of Western Australia
  • SA: Supreme Court of South Australia
  • TAS: Supreme Court of Tasmania
  • ACT: Supreme Court of the Australian Capital Territory
  • NT: Supreme Court of the Northern Territory

We’ve created state-by-state probate guides, including cost breakdowns and links to official resources, which you can explore here.

What Does the Probate Process Involve?

While the exact steps vary slightly between states and territories, the probate process generally follows a similar structure across Australia. It’s an administrative process, but one that often takes several weeks or months to complete, depending on the complexity of the estate and the responsiveness of third parties.

Broadly, the steps to apply for probate in Australia include:

  1. Locating the will
    The original signed will must be located. Certified copies are not sufficient—courts require the original document.
  2. Identifying and valuing assets and liabilities
    This includes everything owned solely by the deceased: bank accounts, property, shares, vehicles, and debts. Some institutions may require certified death certificates or specific forms before disclosing balances.
  3. Publishing a notice of intention to apply
    In most states, the executor must publish a public notice of their intention to apply for probate. This is typically done through the Supreme Court’s online registry or legal notices platform.
  4. Waiting period
    After publishing the notice, a waiting period—usually 14 days—applies before lodging the application. This allows time for anyone to contest the will or raise concerns.
  5. Lodging the application
    The executor completes the probate application form, includes an affidavit and supporting documents, and submits these to the relevant Supreme Court with the required fee.
  6. Receiving the grant of probate
    If the court is satisfied that the application is in order, it will issue a grant of probate. This is a legal document that authorises the executor to begin administering the estate.
  7. Administering the estate
    With the grant, the executor can begin the process of collecting assets, paying off debts and taxes, and distributing inheritances.

While this is a simplified overview, we’ve created a detailed step-by-step probate guide, which you can explore here.

How Long Does Probate Take?

There’s no universal timeframe for probate in Australia. Some estates may be settled within a few months, while others—particularly larger or more complex estates—can take a year or more.

Factors that affect timing include:

  • The time taken to locate and verify the will
  • The completeness and accuracy of the probate application
  • Court processing times (which can vary between jurisdictions)
  • Delays in locating or valuing assets
  • Challenges to the will or disputes between beneficiaries

In general, simple estates with clearly documented assets, no disputes, and all required paperwork in place will move more quickly. Executors should be prepared for a process that may take time, especially during periods of high court demand or if third parties are slow to respond.

Do All Assets Require Probate?

Not all assets are included in a probate application. Some pass outside the estate and may not require a grant of probate. Common examples include:

  • Jointly held assets
    These typically pass automatically to the surviving co-owner, such as a spouse.
  • Superannuation
    Super funds often have discretion over how death benefits are paid. If there’s a binding death benefit nomination in place, the fund may pay directly to a nominated beneficiary.
  • Life insurance policies
    If a policy names a specific beneficiary, it may be paid directly to that person, bypassing the estate.
  • Trust-held assets
    Assets held in a family or discretionary trust don’t form part of the deceased’s estate and are managed separately by the trustee.

Whether an asset is subject to probate depends on how it is owned, what documentation exists, and the policies of the institutions involved. Executors often need to contact banks, share registries, super funds, and insurers to determine what’s required in each case.

What Happens After Probate Is Granted?

Once a grant of probate is issued, the executor has formal authority to manage the deceased’s estate. This includes:

  • Accessing and closing bank accounts
  • Selling or transferring property and other assets
  • Paying off any outstanding debts and liabilities
  • Finalising tax matters, including lodging any final returns
  • Distributing the estate according to the instructions in the will

The grant of probate does not signal the end of the process—it marks the point at which the executor can begin the legal work of administration. Executors have a duty to act in the best interests of the estate and its beneficiaries, keeping accurate records and following the terms of the will.

If any part of the will is unclear, or if the executor is unsure of their obligations, it may be appropriate to seek legal or financial guidance. However, Legasy does not provide legal advice. You can read more about executor responsibilities here.

Do I Always Need to Apply for Probate?

Not always. Whether probate is required depends on the size and nature of the estate and the policies of the institutions involved.

In general, probate is more likely to be required if:

  • The deceased owned significant assets in their sole name
  • Financial institutions request a grant before releasing funds
  • The estate includes property that must be sold or transferred
  • Third parties require legal proof of authority before dealing with the executor

On the other hand, small estates may be settled without probate. Some banks will release funds to the executor without a grant, especially if account balances are low and there are no disputes.

Ultimately, there is no fixed dollar threshold across Australia—it is determined by each institution. Executors are usually required to provide a certified death certificate and may be asked to complete an indemnity form before funds are released.

Can Probate Be Contested?

Yes. While probate itself is largely an administrative process, the contents of a will can be challenged or contested. This may happen before or after the grant is issued.

A will might be contested on several grounds, such as:

  • Allegations of undue influence or fraud
  • Claims that the deceased lacked mental capacity when the will was made
  • Arguments that the will is invalid due to errors or lack of formal requirements
  • Family provision claims, where an eligible person argues they were left out or not adequately provided for

These disputes are handled through the court and can delay probate or administration significantly.

Letters of Administration: When There’s No Will

If a person dies without a valid will, they are considered to have died intestate. In these cases, probate is not issued. Instead, a person—usually the next of kin—applies for letters of administration.

This process is similar to applying for probate, but the applicant must prove their eligibility and that no valid will exists. Once granted, letters of administration give the administrator similar powers to those of an executor.

Understanding Probate Across Australia

The core principles of probate are consistent across the country, but there are important differences between states and territories—particularly in terms of:

  • Application forms and procedures
  • Required documentation
  • Notice periods
  • Court fees
  • Whether applications can be submitted online

Each state’s Supreme Court manages its own probate registry. If you’re applying for probate in Victoria, New South Wales, Queensland, or elsewhere, you’ll need to follow your local court’s process.

For detailed, state-by-state guidance, visit our probate costs and requirements pages for:

Where to Start

Probate can feel unfamiliar, especially at a time of grief. But it’s a process that many Australians work through each year—one step at a time.

At Legasy, we’ve created clear, human-first content to help you understand what’s ahead and how the process works in practice. While we don’t offer legal advice, we hope our resources help you feel informed and ready to move forward at your own pace.

Explore our step-by-step probate guides, or learn more about what’s involved in being an executor, what to do if there’s no will, or how estate costs differ by state.

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Disclaimer: This page is for general information purposes only. It does not constitute legal or financial advice. Please seek independent legal guidance before making decisions about probate or estate administration.