What is Probate and How Does It Work in Australia?

Introduction

Losing a loved one is emotionally challenging. On top of that, navigating the legal processes involved in managing their estate can feel overwhelming — especially when words like probate, executor, and grant of probate come into play.

This guide is designed to help you understand what probate is, when it’s required, and how it works across Australia. Whether you’re named as an executor or you're simply seeking clarity, this article outlines the probate process step-by-step, so you can move forward with confidence.

What Is Probate?

Probate is a legal process where the Supreme Court confirms the validity of a deceased person’s will and formally appoints the executor named in that will to manage the estate.

Once probate is granted, the executor has the legal authority to:

• Collect and manage the deceased’s assets
• Pay outstanding debts or taxes
• Distribute the remaining assets to beneficiaries

Without this formal approval, banks, property authorities, and other institutions may refuse to release or transfer any of the estate’s assets.

When Is Probate Required?

Probate is not always necessary — it depends on the type and value of the assets, and whether they're jointly owned.

Probate is usually required when:

• The deceased owned property (real estate) in their name alone
• Financial institutions require a grant of probate before releasing funds
• The estate includes significant investments, shares, or assets held solely by the deceased
• There’s a need to transfer or sell a property held only in the deceased’s name

Probate may not be required when:

• Assets were jointly owned (they typically pass automatically to the surviving owner)
• The estate is small and banks waive the need for probate
• The deceased had minimal assets or debts

It’s always worth confirming with the relevant banks or institutions whether probate is required — policies can vary.

Who Can Apply for Probate?

The person named as the executor in the will is responsible for applying for probate. If there are multiple executors, they can apply jointly.

If there’s no valid will or the named executor cannot act, someone else — usually a next of kin — may apply for letters of administration, which serves a similar purpose.

Step-by-Step: The Probate Process in Australia

Although each Australian state and territory has its own process, the general steps are broadly similar.

Step 1: Collect Required Information

You’ll need:

• The original will (or a certified copy for drafting purposes)
• A certified copy of the death certificate
• Executor’s ID (driver’s licence or passport)
• A list of assets and liabilities — property, bank accounts, superannuation, debts, etc.

At APPL, we provide clients with a checklist and intake form to make this step as easy as possible.

Step 2: Publish a Notice of Intention

Most states require you to publish a notice of your intent to apply for probate. This gives creditors and other interested parties a chance to object or raise concerns.

• In NSW, this is done online via the Supreme Court registry
• In QLD, it also involves publishing in the Queensland Law Reporter
• In VIC, notices are handled through the Court’s online system

There’s usually a mandatory waiting period (e.g., 14 days) before you can submit your application.

Step 3: Prepare and Lodge Your Application

Once the waiting period has passed, you’ll submit your probate application to the Supreme Court in the relevant state or territory. Your application will include:

• Original will and death certificate
• Executor’s affidavit
• Statement of assets and liabilities
• Court-specific probate forms

This step can be complex and time-consuming. Errors in paperwork can delay the process or result in rejection, which is why many executors choose to engage a lawyer for support.

Step 4: Grant of Probate Issued

Once approved, the Court will issue a Grant of Probate, which gives you the legal power to act on behalf of the estate.

From here, you can:

• Collect and sell assets
• Close bank accounts
• Pay debts and taxes
• Distribute the estate according to the will

How Long Does Probate Take?

The timeline can vary depending on the complexity of the estate and the state you apply in.

• Simple estates: 4–6 weeks (after application lodgement)
• More complex cases: 8–12+ weeks, especially if there are delays in gathering documents or challenges to the will
• Pre-application preparation: 1–2 weeks if documentation is ready

How Much Does Probate Cost?

Costs vary by state and the value of the estate. You’ll need to consider:

• Court filing fees (ranges from ~$350 to $900+)
• Publication fees (e.g., for the notice of intent)
• Legal assistance (if using a lawyer or fixed-fee service)

At APPL, our probate services start from $1,300 incl. GST, with clear, fixed pricing and no hidden fees.

Common Probate Challenges (And How We Solve Them)

🔸 The original will is lost or damaged

We can help apply for probate using a copy — although this requires extra affidavits and potentially court approval.

🔸 Multiple executors disagree

We guide parties through mediation or help one apply to act solely, depending on the situation.

🔸 Beneficiaries raise objections

If someone contests the will, the probate process can pause. We provide advice and representation during estate disputes if needed.

State-by-State Differences in Probate

State/TerritoryKey DifferencesNSWOnline application and publication via Supreme Court registryVICStrict asset disclosure and document format requirementsQLDNotice must be published in both a local paper and Law ReporterWAUnique forms; slightly different process structureSA, ACT, TAS, NTFollow similar principles but vary in timelines and fees

At APPL, we handle probate in all states (except South Australia) and tailor the process based on each jurisdiction’s requirements.

FAQs About Probate

Q: What if there is no will?
A: You’ll apply for Letters of Administration instead. We offer fixed-fee support for this as well.

Q: Do I need a lawyer to apply for probate?
A: You’re not legally required to use one, but the process can be complex. Many executors engage us for peace of mind and to avoid delays.

Q: Can probate be done remotely?
A: Yes — we assist clients nationally with remote signing, consultation, and document preparation.

Q: What if I live overseas?
A: You can still apply for probate in Australia. We’ll help manage the logistics and represent you locally.

How APPL Makes Probate Easier

Australian Probate & Property Lawyers offers a streamlined, fixed-fee approach to help clients through the entire probate process. We offer:

✅ Expert guidance — across all states and territories
✅ Fixed-fee pricing — no hourly rates, no surprises
✅ Compassionate support — during a difficult time
✅ Efficient processing — so the estate can be administered quickly

From initial intake to final estate distribution, we’re with you every step of the way.

Conclusion

Probate can seem complicated, but with the right support, it doesn’t have to be overwhelming. If you’re navigating a loved one’s estate, we’re here to guide you through each step clearly, respectfully, and efficiently.

Have questions or want to get started?