Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Probate laws and procedures vary significantly by state. We recommend consulting a qualified legal professional for advice specific to your situation.
Probate in 60 Seconds
Probate is the court's official validation of a will. It confirms the executor has legal authority to administer the estate. In Australia, probate is required for most estates with assets over $15,000-$50,000 (varies by state and institution). The process typically takes 2-6 months for straightforward estates, longer for complex or contested situations. Costs include court fees ($100-$900) plus legal fees if you use a solicitor. Without a will, a similar process called "letters of administration" is required.
What is probate?
When someone dies, their will is just a piece of paper. It has no legal force until a court validates it.
Probate is the legal process where the Supreme Court of your state or territory officially recognises a will as valid and gives the executor authority to deal with the deceased’s estate.
The court issues a document called a Grant of Probate — essentially a certificate that says:
- This will is genuine and valid
- This executor has the right to act
- Financial institutions and government agencies must recognise the executor’s authority
Without probate, banks, share registries, and land registries often refuse to release assets or transfer property. The executor has no legal proof they can act.
When is probate required?
Not every estate needs probate. Whether you need it depends on:
- The value of the assets
- The type of assets
- The policies of the institutions holding the assets
Probate Thresholds by State
Each Australian state and territory has different thresholds, and financial institutions often have their own internal limits. Below are typical thresholds, but always check with the specific institution holding the assets.
Typical state thresholds (2025)
New South Wales:
- Banks: Usually require probate for balances over $50,000-$100,000
- Real estate: Probate almost always required
- Shares: Usually required for portfolios over $15,000-$30,000
Victoria:
- Banks: Usually require probate for balances over $50,000
- Real estate: Probate always required
- Shares: Usually required for portfolios over $15,000
Queensland:
- Banks: Usually require probate for balances over $20,000-$50,000
- Real estate: Probate always required
- Shares: Usually required for portfolios over $10,000
South Australia, Western Australia, Tasmania, NT, ACT:
- Similar thresholds, but check with each institution
Thresholds Are Guidelines Only
Even if the estate is below the threshold, some institutions may still require probate. Conversely, some may release funds without probate on a case-by-case basis. Always ask.
Assets that almost always require probate
- Real estate held in the deceased’s sole name
- Shares in publicly listed companies
- Bank accounts over the institution’s threshold
- Business interests where the deceased was sole owner or partner
Assets that usually DON’T require probate
- Joint assets with a right of survivorship (automatically pass to the surviving owner)
- Superannuation with a valid binding death benefit nomination
- Life insurance with a nominated beneficiary
- Assets held in trust where the deceased was a beneficiary but not the legal owner
- Small bank balances under the institution’s threshold
The probate process: Step by step
Here’s what actually happens when you apply for probate.
Step 1: Locate the will and death certificate
Timeline: Week 1
- Obtain official death certificate from the Registry of Births, Deaths and Marriages
- Locate the original will (copies are not acceptable)
- Identify all assets and liabilities
- Notify beneficiaries that probate will be applied for
Step 2: Prepare the probate application
Timeline: Weeks 2-4
The executor (or their solicitor) prepares documents including:
The application itself:
- Form identifying the deceased, the executor, and the will
- Sworn affidavit confirming the will is genuine
- Details of assets and liabilities
Supporting documents:
- Original will
- Death certificate
- Inventory of assets and their values
- Valuation reports if needed
Notice to potential claimants:
- In some states, you must advertise the probate application in newspapers
- Gives creditors and potential claimants time to come forward
Step 3: File with the Supreme Court
Timeline: Week 4-5
- Application is filed with your state’s Supreme Court
- Court filing fees paid (varies by state, typically $100-$900)
- Court staff review the application for completeness
Tip: Get It Right First Time
Incomplete or incorrect applications are rejected by the court, causing delays. Most executors use a solicitor for this step to avoid errors and speed up the process.
Step 4: Court review and waiting period
Timeline: Weeks 6-10
- Court reviews the application
- Waiting period for objections (usually 14 days after advertisement)
- If no issues, court prepares the Grant of Probate
Step 5: Grant of Probate issued
Timeline: Week 8-12 (for straightforward cases)
- Court issues the Grant of Probate
- Executor receives sealed copies
- Executor can now legally administer the estate
What the Grant of Probate proves:
- The will is valid
- The named executor has authority to act
- Financial institutions must comply with the executor’s instructions
Step 6: Administer the estate
Timeline: Months 3-18+
Now the real work begins:
- Collect all assets
- Pay all debts and liabilities
- File tax returns
- Distribute assets to beneficiaries
- Finalise the estate
How long does probate take?
The timeline varies significantly based on complexity and location.
Straightforward estates (no complications)
2-4 months from death to receiving Grant of Probate
Requirements:
- Valid, uncontested will
- No complex assets
- No family disputes
- All documents in order
- Competent executor or solicitor handling the process
Average estates (minor complications)
4-9 months from death to receiving Grant of Probate
Common delays:
- Missing documents
- Hard-to-value assets (business interests, overseas property)
- Multiple executors who need to coordinate
- Beneficiaries living overseas
- Small estate, but executor wants to do it themselves without legal help
Complex or contested estates
12 months to several years
Causes of major delays:
- Will is contested
- Family provision claims
- Executor disputes
- Complex business interests or trusts
- Cross-border assets
- Tax disputes
- Missing beneficiaries
📖 Related Story: The House Sat Empty
A Queensland executor failed to progress probate for over three years. The family home sat vacant, unfulfilled tax returns accumulated, and beneficiaries received nothing. The court eventually removed the executor and appointed someone else. Probate should have taken months, not years.
Probate costs and fees
Court filing fees (2025)
NSW: ~$900 for estates over $100,000, $105 for smaller estates Victoria: ~$500 for most estates Queensland: ~$700 for estates over $500,000, $250 for smaller estates South Australia: ~$450 Western Australia: ~$300 Tasmania: ~$240 ACT: ~$300 NT: ~$100
Fees increase periodically. Check your state Supreme Court website for current rates.
Legal fees
Most executors engage a solicitor to prepare the probate application.
DIY probate:
- Court fees only
- Free if you do all the work yourself
- Risk of errors causing delays
Solicitor-assisted probate:
- Typical range: $2,000 - $6,000 for straightforward estates
- Complex estates: $10,000 - $30,000+
- Some solicitors charge hourly, some charge a percentage of the estate
What you’re paying for:
- Preparing all documents correctly
- Liaising with the court
- Advising on legal requirements
- Avoiding delays and errors
- Professional indemnity if something goes wrong
Estate administration fees
Probate is just the first step. Administering the entire estate (collecting assets, paying debts, distributing to beneficiaries) takes longer and costs more.
Executor’s commission:
- Executors can claim up to 5% of the estate value in most states (but must justify it)
- Many family executors don’t take a fee
- Professional executors charge standard rates
Ongoing legal fees:
- May be charged for estate administration beyond just obtaining probate
- Varies widely depending on complexity
What if there’s no will?
If someone dies without a valid will (intestate), you need Letters of Administration instead of probate.
How Letters of Administration differ
Similarities:
- Also issued by the Supreme Court
- Gives someone legal authority to administer the estate
- Similar timeline and process
- Similar costs
Differences:
- No will to validate (distribution follows intestacy laws instead)
- Court appoints an administrator (usually the closest eligible relative)
- May require additional steps, like taking out a bond
- May require all eligible next-of-kin to consent or renounce their rights
- Generally more complex and expensive than probate
Who Can Apply for Letters of Administration
Each state has rules about who can apply, usually in this order: spouse/de facto partner, children, parents, siblings, other relatives. If multiple people are in the same category (e.g., three adult children), they may all need to apply jointly or some must formally renounce their right.
Common reasons probate is delayed
-
Missing or defective will
- Can’t find the original will
- Will not properly signed or witnessed
- Multiple wills with conflicting provisions
-
Executor issues
- Named executor can’t be located
- Executor refuses to act
- Multiple executors can’t agree
- Executor is overseas
-
Asset valuation problems
- Business interests hard to value
- Property disputes about ownership
- Overseas assets requiring foreign valuations
-
Family disputes
- Beneficiaries contest the will
- Family provision claims filed
- Questions about the will-maker’s capacity
-
Administrative errors
- Application rejected due to mistakes
- Missing documents
- Incorrect forms
- Affidavits not properly sworn
-
Court delays
- Court backlogs (especially in major cities)
- Public holidays
- Judge unavailability for hearings
Contested wills and probate
Sometimes people challenge a will during the probate process.
Common grounds for contesting
- Lack of testamentary capacity — will-maker didn’t understand what they were doing
- Undue influence — someone pressured the will-maker
- Fraud or forgery — the will isn’t genuine
- Improper execution — not signed or witnessed correctly
- Lack of knowledge and approval — will-maker didn’t know or approve the contents
What happens
- A caveat (formal objection) is filed with the court
- Probate is frozen until the dispute is resolved
- Parties may need to go to court to argue their case
- Can add months or years to the process
- Very expensive for the estate
Contested Wills Are Expensive
Legal costs for a contested will case can easily exceed $50,000-$100,000. These costs typically come out of the estate, reducing what beneficiaries receive. The best will disputes are the ones that never happen — achieved through clear drafting, proper execution, and communication with family.
Can you avoid probate?
Some people try to structure their affairs to avoid probate entirely.
Strategies to minimise probate
Joint ownership with right of survivorship:
- Property passes automatically to the surviving owner
- Bank accounts in joint names
- Doesn’t go through probate
Binding death benefit nominations:
- Superannuation paid directly to nominated beneficiaries
- Bypasses the estate and probate
Trust structures:
- Assets held in trust don’t form part of your estate
- Can continue operating after your death
Payable-on-death accounts:
- Some institutions allow POD nominations
- Funds go directly to named beneficiary
Small estates:
- Keep estate value below probate thresholds where possible
Why avoiding probate isn’t always best
While avoiding probate sounds attractive, it’s not always the right strategy:
- You lose control — joint assets go to the joint owner, not according to your will
- Tax implications — some strategies have adverse tax consequences
- No court oversight — probate provides protection against fraud and mistakes
- Inflexible — hard to change if circumstances change
- May not save money — setting up complex structures can cost more than probate
Key takeaways
Understanding Probate
- Probate validates your will and gives your executor legal authority
- Required for most estates with significant assets (real estate, substantial bank accounts, shares)
- Takes 2-6 months for straightforward estates, longer for complex situations
- Costs include court fees ($100-$900) plus legal fees ($2,000-$6,000+ typically)
- Without a will, a similar process (Letters of Administration) is required
- Delays happen due to disputes, missing documents, executor issues, or asset complexity
- Most executors use a solicitor to prepare the probate application — it's faster and reduces errors
Related resources
Dictionary Terms:
- Probate
- Executor
- Letters of Administration
- Intestacy
- Grant of Probate
Guides:
Planning Tools:
Final thought
Probate isn’t something to fear — it’s a protective process that validates your will and gives your executor the authority they need.
Yes, it takes time. Yes, it costs money. But it also prevents fraud, ensures your will is properly executed, and gives your family certainty that everything is being done correctly.
The best way to make probate smooth? Have a properly drafted, up-to-date will. Choose an executor who’s willing and capable. Keep good records of your assets. And communicate your intentions to your family.
Do that, and probate becomes a formality rather than an ordeal.
What's Next?
Now that you understand this topic, explore related guides to continue learning.
Browse All Guides →