Navigating Probate in Australia

Probate is the court’s official recognition of a will as legally valid and authorises the executor to administer the deceased’s estate. In Australia, the Supreme Court of each state or territory issues a grant of probate, giving the executor legal authority to collect assets, pay debts and distribute property to beneficiaries. Probate is often needed before banks, share registries or other institutions will release funds, although smaller estates or jointly owned assets may be dealt with without a grant.

Whether probate is needed depends on the value and type of assets, as well as state laws and the requirements of organisations holding the assets. It’s always wise to check with the relevant institutions to see if they’ll release funds without a grant of probate.

Key steps in obtaining probate

• Confirm whether probate is required by checking the value and nature of the estate and the requirements of banks or registries.
• Locate the original will and death certificate, identify the executor and compile a list of the estate’s assets and liabilities.
• Publish a notice of your intention to apply for probate (sometimes called an advertisement) as required by your state’s Supreme Court.
• Prepare and lodge the probate application with the Supreme Court, including the original will, death certificate, the executor’s affidavit and an inventory of assets and liabilities, and pay the court filing fee.
• Once the grant of probate is issued, the executor collects and distributes assets, pays any debts or taxes, and keeps records of all transactions.

In practice the process can be complex. You can prepare the application yourself or engage a solicitor or your state’s Public Trustee to assist. Many jurisdictions outline five basic steps, and the Supreme Courts provide guidance.

If you’re an executor feeling overwhelmed, our team is here to help. Start by reviewing our Executor Duties Checklist and contact us for expert support with estate clearances and administration. We make the process as smooth as possible so you can focus on what matters most.