Probate explained simply
Probate is the court’s official stamp of approval on a will. It confirms:
- The will is valid
- The person named as executor has legal authority to act
- The estate can be administered according to the will
Without probate, banks, registries, and other institutions may refuse to release assets.
Why probate exists
Probate protects everyone:
- Beneficiaries — Ensures the will is genuine and valid
- Creditors — Gives time to make claims against the estate
- Institutions — Provides legal cover for releasing assets
- Executors — Confirms their authority to act
It’s a safeguard against fraud, forgery, and mistakes.
The probate process
Step 1: Apply to the court
The executor lodges:
- The original will
- A death certificate
- An application form
- Details of the estate’s assets and liabilities
- Filing fee
Step 2: Court reviews
The court checks:
- The will appears valid
- Proper signing and witnessing
- No obvious issues or challenges
Step 3: Grant issued
If everything’s in order, the court issues a “Grant of Probate” — a legal document confirming the executor’s authority.
Step 4: Executor acts
Armed with the grant, the executor can:
- Access bank accounts
- Sell property
- Transfer assets
- Deal with institutions on behalf of the estate
🇦🇺 In Australia: Each state has its own probate registry, usually part of the Supreme Court. Applications are made in the state where the deceased lived.
When probate is required
Probate is typically needed when the estate includes:
- Real estate (land and buildings)
- Shares or substantial investments
- Bank accounts above certain thresholds
- Assets held in the deceased’s sole name
When probate may not be needed
Probate often isn’t required for:
- Small estates — Under $50,000–$100,000 (varies by institution)
- Joint assets — Pass automatically to surviving owner
- Super and life insurance — Paid directly to nominated beneficiaries
- Assets already in trust — Managed by the trustee
💡 Check first: Contact each institution holding assets. They'll tell you whether they require probate or will release funds without it.
Probate costs
| State | Court fee (approximate) |
|---|---|
| NSW | $0–$1,500 depending on estate value |
| VIC | $380–$800+ |
| QLD | $0–$900 |
| WA | $310–$900+ |
| SA | $150–$700+ |
| TAS | $100–$600+ |
Plus legal fees if you use a lawyer (often $1,500–$5,000 for straightforward estates).
Probate timeline
- Simple estates: 4–8 weeks after application
- Average estates: 2–4 months
- Complex estates: 6+ months
- Contested estates: 1–3 years or more
The court’s workload, estate complexity, and any disputes all affect timing.
Probate vs Letters of Administration
| Situation | Document issued |
|---|---|
| Valid will exists | Grant of Probate |
| No will (intestate) | Letters of Administration |
| Will exists but no executor available | Letters of Administration with Will Annexed |
Same process, different names depending on circumstances.
Can probate be challenged?
Yes. Grounds for challenge include:
- The will wasn’t properly signed or witnessed
- The will-maker lacked mental capacity
- Fraud or undue influence
- A later will exists
- Family provision claims (not enough left to dependants)
Challenges can significantly delay the process.
What to do next
If you’re an executor:
- Locate the original will
- Obtain death certificates (multiple copies)
- List all assets and liabilities
- Check which institutions require probate
- Consider whether to DIY or use a lawyer
- Lodge the application
Related: How long does probate take? · Understanding Probate