What Is Probate?
Probate is the legal process by which a court confirms that a deceased person’s Will is valid and grants the executor named in the Will the legal authority to administer the estate. The formal term is a Grant of Probate.
In plain English: probate is the court saying, “Yes, this is a genuine Will, and yes, this person is authorised to carry out its instructions.”
Once probate is granted, the executor can:
- Access the deceased’s bank accounts
- Sell or transfer property
- Collect debts owed to the estate
- Distribute assets to beneficiaries
- Deal with government agencies, insurers, and financial institutions
Without probate, most banks, land registries, and financial institutions will refuse to release assets — particularly for estates of any significant value.
When Is Probate Required?
Probate is not required for every estate. Whether you need it depends on the value and type of assets involved.
Probate Is Usually Required When:
- The deceased owned real property (land or a house) in their sole name or as tenants in common
- The estate includes bank accounts or investments above a certain threshold (varies by institution, but typically $15,000 to $50,000 per account)
- The estate includes shares held on a share registry
- Insurance companies or super funds request it before releasing death benefits to the estate
- The estate is being contested or there is a dispute about the Will’s validity
Probate May Not Be Required When:
- All assets were held as joint tenants (they pass automatically to the surviving owner by right of survivorship)
- The estate consists only of small bank balances below the institution’s threshold
- Assets are held in a trust that continues after death
- Superannuation is paid directly to a nominated beneficiary (not to the estate)
If you are unsure whether probate is needed, the institutions holding the deceased’s assets will tell you. Banks and land registries typically ask for a certified copy of the death certificate and the Will, and then advise whether they require a Grant of Probate.
How to Apply for Probate: Step by Step
The probate process varies slightly between states, but the general steps are consistent across Australia.
Step 1: Locate the Original Will
You need the original signed and witnessed Will — not a photocopy, not a digital copy. The court requires the original document. This is one of the most important reasons to store your Will in a secure, known location.
ezyWill’s digital vault stores a backup copy of your Will and notifies your executor where the original is located. While the original physical document is still required for probate, having a digital backup ensures nothing is lost.
Step 2: Obtain the Death Certificate
Apply for a death certificate from the Registry of Births, Deaths and Marriages in the state where the death occurred. This is required for the probate application and for notifying banks, insurers, and government agencies.
Step 3: Identify All Assets and Liabilities
Before applying for probate, the executor should compile a comprehensive list of the deceased’s:
- Bank accounts and balances
- Property (with valuations)
- Shares and managed funds
- Superannuation and insurance policies
- Motor vehicles
- Personal effects of significant value
- Debts, mortgages, and liabilities
This forms the basis of the probate application and the eventual estate administration.
Step 4: Publish a Notice of Intended Distribution
In most states, the executor should publish a notice in a newspaper or the government gazette advising creditors and potential claimants to come forward within a specified period (usually 30 days). This protects the executor from liability if an unknown creditor appears after the estate has been distributed.
Step 5: Lodge the Probate Application
The executor (or their solicitor) lodges the probate application with the Supreme Court (or equivalent) in the state where the deceased lived. The application typically includes:
- The original Will (and any codicils)
- A death certificate
- An inventory of assets and liabilities
- The executor’s affidavit confirming the Will is the deceased’s last valid Will
- The prescribed court forms for that state
- The filing fee
Step 6: Wait for the Grant
The court reviews the application. If everything is in order, the Grant of Probate is issued. The executor receives a sealed copy of the grant, which they can present to banks, land registries, and other institutions to access and distribute the estate’s assets.
For detailed guidance on what happens after probate is granted, see our estate administration guide.
Probate Costs by State
Probate filing fees vary by state and are generally based on the value of the estate. The following figures are approximate and current as of 2026 — check with your state’s Supreme Court for the latest fees.
New South Wales
- Estates under $100,000: No fee
- Estates $100,000–$250,000: Approximately $812
- Estates $250,000–$500,000: Approximately $1,129
- Estates $500,000–$1,000,000: Approximately $1,665
- Estates over $1,000,000: Approximately $2,273
Victoria
- Estates under $50,000: Approximately $70
- Estates $50,000–$250,000: Approximately $365
- Estates $250,000–$1,000,000: Approximately $540
- Estates over $1,000,000: Approximately $740
Queensland
- Estates under $250,000: Approximately $300
- Estates $250,000–$750,000: Approximately $600
- Estates over $750,000: Approximately $813
Western Australia
- Flat fee of approximately $338 regardless of estate value
South Australia
- Estates under $200,000: No fee
- Estates $200,000–$500,000: Approximately $460
- Estates $500,000–$1,000,000: Approximately $860
- Estates over $1,000,000: Approximately $1,200
Tasmania
- Fees are calculated based on estate value, starting from approximately $250
ACT
- Estates under $50,000: No fee
- Estates $50,000–$200,000: Approximately $270
- Estates over $200,000: Approximately $570
Northern Territory
- Flat fee of approximately $150
These are court filing fees only. If you engage a solicitor to handle the probate application, their professional fees are additional — typically $2,000 to $10,000 or more, depending on complexity.
What Can Go Wrong
Probate is usually a straightforward administrative process. But several things can cause complications.
The Original Will Cannot Be Found
If the original Will is missing, the court may accept a copy — but only with additional evidence (such as affidavits from witnesses) confirming the copy is authentic and that the original was not intentionally destroyed. This adds time and cost.
Prevention: Store your original Will in a secure location and make sure your executor knows where it is. ezyWill’s digital vault and executor notification system help ensure your Will is never lost.
The Will Is Contested
Anyone who believes they have not been adequately provided for under the Will can lodge a family provision claim within a set period after probate is granted (usually 12 months, but varies by state). Contested estates can take months or years to resolve and dramatically increase costs.
A well-drafted, clearly expressed Will reduces (but does not eliminate) the risk of a successful contest.
The Will Contains Errors
If the Will contains ambiguities, inconsistencies, or errors in execution (such as missing signatures or improper witnessing), the court may require additional evidence or may refuse to grant probate. In some cases, the court can “rectify” minor errors, but this adds delay and expense.
Prevention: Use a structured Will-creation process — like ezyWill’s guided builder — that ensures all legal requirements are met and reduces the chance of errors.
Multiple Wills Exist
If the deceased made multiple Wills and it is unclear which is the most recent or valid, a dispute may arise. Each Will must be submitted to the court, and the executor (or competing executors) may need to prove which Will should be admitted to probate.
Prevention: Always include a revocation clause in your new Will (ezyWill does this automatically) and destroy all copies of previous Wills.
Probate vs Letters of Administration
Probate applies when the deceased left a valid Will. If someone dies without a Will (intestate), the process is different — the court issues Letters of Administration instead. The administrator performs a similar role to an executor but is appointed by the court, not by the deceased.
For a detailed comparison, read our guide on Letters of Administration vs Probate.
How Long Does Probate Take?
The typical timeframe for probate in Australia is 4 to 12 weeks from the date the application is lodged, assuming there are no complications. However, contested estates or complex applications can take months or even years.
For a state-by-state breakdown of probate timelines and what causes delays, read our guide on how long probate takes in Australia.
How a Good Will Makes Probate Easier
The quality of the Will directly affects how smoothly probate proceeds. A well-drafted Will:
- Is clearly written and unambiguous
- Is properly signed and witnessed
- Names an executor who is willing and capable
- Includes a revocation clause
- Addresses all significant assets
- Accounts for potential scenarios (e.g., a beneficiary predeceasing the testator)
ezyWill’s guided process ensures your Will meets all of these criteria. Every Will is generated with state-specific legal language, proper execution instructions, and the structural completeness that makes probate as straightforward as possible.
Reducing the Burden on Your Executor
Probate is the executor’s responsibility, and it can be a significant administrative burden — especially during a time of grief. You can make their job easier by:
- Creating a clear, well-structured Will with no ambiguities
- Keeping your asset records up to date in your digital vault
- Informing your executor of their appointment and where your documents are stored
- Naming a backup executor in case your first choice is unable to serve
- Keeping your Will current — review it after every major life event
For tips on choosing the right executor, read our guide on how to choose the right executor.
Create your Will with ezyWill — and give your executor the clearest possible roadmap for administering your estate.
This article is for general informational purposes only and does not constitute legal advice. Probate requirements, fees, and timelines vary by state and territory. For complex estates or contested Wills, we recommend consulting a qualified solicitor. ezyWill provides legally structured Will templates tailored to Australian state and territory requirements.
