Probate is the judicial process by which a will is proved valid or invalid, and through which the court grants authority to an executor to administer the deceased's estate according to the terms of the will.
The probate process involves presenting the will to the court, validating its authenticity, appointing the executor, and supervising the administration of the estate including the payment of debts and distribution of assets to beneficiaries.
Probate is the official court process that confirms your will is legitimate and gives your executor the legal authority to handle your estate after you die.
Think of it as the court's way of saying "yes, this is a real will, and yes, this person is authorised to act on it." Without probate, banks and other institutions often won't release assets to your executor.
The process typically takes 6-12 months and involves paperwork, court fees, and sometimes court appearances. It's also a public process, meaning anyone can access probate records.
⏱ When you'll encounter this term
- After someone dies and their executor needs to access bank accounts or sell property
- When applying for the legal authority to administer an estate
- Dealing with financial institutions that require proof of authority
- Planning your estate and looking for ways to avoid probate delays
- Discussing estate administration costs with a solicitor
"After Dad died, we had to apply for probate before the bank would let us access his accounts. The whole process took 8 months and cost about $3,000 in court fees and legal costs."
⚖️ Compare: Probate vs Letters of Administration
Probate
Granted when there is a valid will
Gives authority to the executor named in the will
Confirms the will is valid and can be acted upon
Letters of Administration
Granted when there is no valid will
Gives authority to an administrator appointed by the court
Estate distributed according to intestacy laws
💡 Why this matters
Without probate, your executor cannot legally access most assets, sell property, or distribute your estate. This means grieving families face frozen accounts and cannot settle debts or inheritances until the court grants approval—a process that costs thousands and takes months.
Understanding probate helps you plan to minimize delays and costs, protecting your family from unnecessary stress during an already difficult time.
⚠️ Common mistakes
- Assuming probate is automatic or happens quickly—it's a formal court process that takes time
- Not setting up assets to bypass probate when possible (joint ownership, trusts, beneficiary designations)
- Underestimating the costs—court fees, legal fees, and executor time add up quickly
- Starting to distribute assets before probate is granted, which can create legal liability
💡 Did you know?
Not all estates require probate. Small estates (the threshold varies by jurisdiction—typically under $50,000 to $100,000) may be exempt. Additionally, some assets bypass probate entirely, such as jointly owned property, assets in a trust, or accounts with named beneficiaries. This is why estate planning often focuses on strategies to minimize assets that must go through probate.