What is the probate Australia process?
Probate is a Supreme Court order that confirms the last will is valid and appoints the executor. Where there is no valid will, a similar order called Letters of Administration appoints an administrator. Financial institutions, share registries and land titles offices often require a grant before releasing funds or transferring assets.
Whether probate is needed depends on the type and value of assets, how they are owned (sole, joint or in trust), and the policies of the institution holding them. Many estates still need a grant even when family members agree.
Important: Requirements differ by state and can change. The information below is general and not legal advice. If timing or complexity matters, get tailored help early.
Probate process in Australia: step-by-step
| Stage | What usually happens |
|---|---|
| 1) Gather information | Locate the original will and any codicils, death certificate, asset and liability details, and executor contact information. |
| 2) Check if probate is needed | Confirm asset ownership (sole vs joint), balances and each institution’s threshold. Identify whether probate or Letters of Administration applies. |
| 3) Publish any required notice | Some states require a notice of intended application and a waiting period before filing. Keep evidence of publication. |
| 4) Prepare the application | Complete the court forms (varies by state), executor affidavit, inventory of property, and any witness or dispensing affidavits. Annex the original will and death certificate. |
| 5) File with the Supreme Court | Lodge the application, pay filing fees and respond to any requisitions (requests for further information) from the probate registry. |
| 6) Receive the grant | Once issued, use the sealed grant to call in assets, pay debts and distribute the estate according to the will or intestacy rules. |
| 7) Finalise the estate | Prepare estate accounts, handle tax obligations, and obtain beneficiary receipts or releases where appropriate. |
Probate costs, fees and timeframes
Typical costs
- Court filing fee: set by state and often scales with estate value
- Legal fees: many firms offer fixed fees for straightforward applications (often $1,800–$4,500 + GST, plus disbursements)
- Disbursements: death certificate copies, title searches, advertising/notice fees, postage and certification
Typical timeframes
- Document collection: 1–3 weeks, depending on asset records
- Notice and wait period (if required): commonly around 1–2 weeks
- Court processing: often 2–6 weeks after filing, longer if requisitions are issued
Complex estates (multiple properties, overseas assets, unclear will wording, family disagreement or missing executors) generally take longer and cost more. Fixed-fee quotes help with certainty.
DIY probate vs using a lawyer or probate service
DIY can suit
- Simple estates with clear records and cooperative beneficiaries
- Single property or cash assets only, all in one state
- Executors with time to prepare forms and respond to court requisitions
Use a lawyer when
- The will is unclear, there are missing pages, or informal documents
- There are disputes, potential family provision claims, or overseas assets
- An executor has died, refuses to act, or capacity is in question
- You want fixed-fee certainty and faster progress
Many Australians choose a fixed-fee probate lawyer to avoid delays and requisitions. Others start DIY and seek help if the registry raises an issue. Either pathway can work—choose based on complexity, time and risk tolerance.
Documents and information needed
Requirements differ by state, but most applications need the following:
- Original last will and any codicils
- Official death certificate
- Executor’s affidavit and contact details
- Inventory of property (assets and liabilities, with supporting statements)
- Affidavit of attesting witness or dispensing affidavit (where required)
- Any renunciations if a named executor will not act
- Evidence of publication of notice (if required)
Helpful extras: share statements, bank letters showing balances at death, property title details, policy numbers, superannuation fund correspondence and trust/company records where relevant.
State and territory differences
All probate applications are filed in the Supreme Court of the relevant state or territory. Key differences include filing portals, required forms, whether notices must be published before filing, and acceptable affidavit formats.
- NSW and VIC typically require an online notice of intended application before filing.
- QLD, WA, SA, TAS, ACT and NT each have their own probate registry rules and forms.
- Some registries issue requisitions for common errors (incorrect witnessing, incomplete inventories, missing exhibits). Careful preparation reduces delays.
Not sure which rules apply? We can point you to the correct registry and forms for your location.
When probate may not be required
- Assets held as joint tenants (they pass to the survivor automatically)
- Small estates where banks or registries accept a release without a grant (thresholds differ by institution)
- Superannuation with a valid binding nomination to a dependant or legal personal representative
- Only personal effects or low-value accounts
Always confirm with each institution, as policies and thresholds change. If in doubt, ask for their written requirements.
Choosing a probate lawyer: what to look for
- Fixed-fee option for straightforward applications
- Experience with your state’s registry and online portals
- Clear timeline and who will manage requisitions
- Support with estate administration after the grant (transfers, tax and distributions)
- Transparent communication with beneficiaries
Probate FAQ (Australia)
What is probate in Australia?
It is a Supreme Court order confirming a will’s validity and the executor’s authority to administer the estate.
Do I always need probate?
No. Some estates qualify for release without a grant, especially where assets are jointly owned or low value. Check each institution’s rules.
How long does probate take?
For a straightforward application, around 8–16 weeks from document collection to grant is common, varying by state and registry workload.
What are common delays?
Missing asset details, not publishing required notices, incorrect affidavits or exhibits, and questions from the registry (requisitions).
What if there is no will?
You usually apply for Letters of Administration. The court appoints an eligible next of kin to administer the estate under intestacy laws.
Can I get fixed-fee probate?
Yes. Many firms offer fixed-fee packages for straightforward matters. Complex estates may require tailored pricing.
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