What is probate, and when do you need it in Australia?
Probate is one of those words that turns up right after a death and rarely gets explained, usually landing on whoever has been named executor at an already hard time. In plain terms, it is the Supreme Court confirming that a will is valid and that the executor named in it has the authority to deal with the estate. Not every estate needs it, which is the first useful thing to know.
Whether you need probate comes down to what the person owned and how it was held. Assets in their sole name usually need it. Assets that were held as joint tenants, or that already had a named beneficiary, usually do not. If you are the executor, the bank or the land registry will tell you fairly quickly whether they need a grant before they release anything.
Below we cover what probate is, when it is and is not needed, how to apply, what it costs, how long it takes, and what the executor actually does.
Before you rely on the numbers
Treat every dollar figure in this guide as a working guide, not a fixed quote. Funeral prices change by provider, suburb, cemetery, crematorium and the choices made by the family. Before you sign an arrangement, ask for an itemised written quote that separates the funeral director's professional service fee from third-party costs like the crematorium, cemetery, celebrant, flowers, notices and death certificate fees.
Ask which items are legally required and which are optional. If a fee is not clear, ask what it covers before approving it.
What is probate, in plain English?
When a person passes away leaving a will, the executor needs to prove they are allowed to deal with what the person owned. Probate is that proof. It is a document, called a grant of probate, issued by the Supreme Court in the state or territory where the person lived, confirming that the will is their last valid one and that the executor can act on it.
With the grant in hand, the executor can show banks, land registries and share registries that they have the authority to collect, sell or transfer the estate's assets. Without it, those institutions will often refuse to release anything, which is the whole reason probate exists.
When do you need probate?
It depends on what the person owned and how it was held. As a general guide:
| The asset | Is probate usually needed? |
|---|---|
| A house or land in their sole name | Yes |
| A bank account over the bank's release limit | Yes |
| Shares held on a share registry | Yes |
| A joint bank account or home held as joint tenants | No, it passes to the surviving owner |
| Super with a binding death benefit nomination | No, it goes to the named person |
Each bank sets its own release limit, commonly somewhere between $15,000 and $50,000, so two banks can treat the same balance differently. If a bank account is the main asset, our guide on accessing bank accounts after death explains how some banks release funds without a grant at all.
How do you apply for probate?
An executor can apply without a lawyer, and many do. The application goes to the Supreme Court in the relevant state, in person or online, and it follows a fairly set path.
If the estate is complex, or the paperwork feels like too much, a solicitor or a public trustee can handle the application for a fee.
How much does probate cost?
The main cost is the Supreme Court filing fee, which each state sets and scales to the size of the estate. It runs from nothing for a small estate to a few thousand dollars for a large one. Those fees are set by the courts and change over time, so confirm the current amount with the Supreme Court in your state.
If you engage a solicitor or a trustee company to do the work, their professional fees are on top of the court fee and depend on how complex the estate is, so ask for a written quote before you engage anyone. They commonly run from around $2,000 to $10,000, and more again for a large or contested estate.
How long does probate take?
The grant itself usually arrives 4 to 8 weeks after you lodge the application, as long as the paperwork is in order. Settling the whole estate is the part that varies most. A simple estate with a house and a few accounts might wrap up in 6 to 12 months, while one with a business, overseas assets or a family dispute can run for a few years.
What does the executor do?
Someone has to carry out the will, and that job falls to the executor named in it. The role runs from the first days after the death through to the final handover: safeguarding what the person owned, applying for probate where it is needed, settling debts and tax, and seeing that each beneficiary receives their share. It is usually unpaid, and it is a real responsibility, so it is worth being honest early about whether you can take it on alone.
Frequently asked questions
What happens if there is no will?
Do you need probate if there is a surviving spouse?
What happens to the debts if the estate cannot cover them?
Can you apply for probate without a lawyer?
What is a small estate?
A final word
Probate is a process you work through one step at a time. Ask each bank and registry what it actually needs before you assume the worst, and hand a large or complex estate to a solicitor or the public trustee if it is more than you want to take on yourself.
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*This page contains general information about probate in Australia. It is not legal advice. The rules, fees and thresholds differ by state and change over time, so confirm the current detail with the Supreme Court in your state or a qualified solicitor.*
When you are ready
This guide is general information to help Australian families, editorially reviewed by the Funerals Direct team from publicly available sources. It is not legal or financial advice. Funeral prices change and vary by provider and region, so always ask for an itemised written quote. For prepaid funerals, bonds, or insurance, consider speaking with an independent financial adviser or a free financial counsellor on 1800 007 007.
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