Probate is the court process that confirms a will is valid and authorises the executor to administer the deceased's estate. This guide explains when probate is required, the application process in each state, and the costs and timelines involved.
This article is part of WillBuddy's Knowledge Centre, created to help Australians understand the probate process and estate administration.
Quick Answer
Probate is the Supreme Court process that validates a will and authorises the executor to administer the estate. Court filing fees vary by state and estate value, and the full process from death to distribution typically takes 6-12 months.
- When it's needed: Generally required for solely-owned real estate, shares, or bank accounts above institutional thresholds ($15,000-$50,000); jointly held assets and super with binding nominations usually don't need it.
- State court fees: NSW ranges from $0 (under $100,000) to $2,524 (over $2M); Victoria $459.30-$1,547.50; Queensland $0-$886.
- Timeline: The court typically issues a grant 4-8 weeks after lodgement; complex estates can take 1-3 years.
- DIY is possible: You can apply without a lawyer using each Supreme Court's application kits, though professional help is recommended for real property or disputes.
What is Probate?
Probate is a Grant of Probate issued by the Supreme Court that:
- Confirms the will is the deceased's last valid will
- Authorises the executor(s) named in the will to administer the estate
- Provides legal proof to institutions (banks, registries, land titles) that the executor can act
Without probate, many institutions will not release assets or transfer property to beneficiaries.
Related Grants
| Grant Type | When Used |
|---|---|
| Grant of Probate | Deceased left a valid will and appointed executors |
| Letters of Administration with Will | Will exists but no executor can or will act |
| Letters of Administration | No valid will exists (intestate estate) |
| Reseal | Probate granted overseas needs recognition in Australia |
When is Probate Required?
Key point
Probate is generally needed for solely-owned real estate, shares, or bank accounts above institutional thresholds ($15,000 to $50,000), but jointly held assets and superannuation with binding nominations usually pass without it.
Probate is Generally Required For:
| Asset Type | Threshold/Condition |
|---|---|
| Real estate | Property in deceased's sole name (not jointly held) |
| Bank accounts | Often above $15,000–$50,000 (varies by bank) |
| Share holdings | Shares registered in deceased's sole name |
| Managed funds | Investments above institutional thresholds |
| Motor vehicles | Sometimes required for high-value vehicles |
| Life insurance | Usually only if payable to the estate |
Probate is Usually NOT Required For:
| Asset Type | Reason |
|---|---|
| Jointly held property | Passes automatically to surviving joint tenant |
| Jointly held bank accounts | Surviving account holder retains funds |
| Superannuation | Passes per binding nomination or trustee decision |
| Life insurance with named beneficiary | Paid directly to beneficiary |
| Small bank balances | Banks may release below their threshold |
| Personal effects | Generally distributed by family agreement |
Institutional Thresholds (Approximate)
Different banks and institutions have different thresholds before requiring probate:
| Institution | Typical Threshold |
|---|---|
| Major banks (CBA, NAB, ANZ, Westpac) | $30,000–$50,000 |
| Smaller banks and credit unions | $15,000–$30,000 |
| Share registries | Often require probate regardless |
| Land Titles offices | Always require probate for property transfers |
Note: These thresholds are discretionary and may change. Contact each institution directly.
State-by-State Probate Fees (2025)
New South Wales
Applications are made to the NSW Supreme Court (Probate Division).
| Estate Value | Court Filing Fee |
|---|---|
| Under $100,000 | $0 (no fee) |
| $100,000–$250,000 | $841 |
| $250,000–$500,000 | $1,175 |
| $500,000–$1,000,000 | $1,514 |
| $1,000,000–$2,000,000 | $2,019 |
| Over $2,000,000 | $2,524 |
Additional NSW costs:
- Advertising in NSW Trustee & Guardian Gazette: ~$50
- Certified copies of grant: $35 each
- Online lodgement via eLodgement system available
Victoria
Applications are made to the Supreme Court of Victoria (Probate Office).
| Estate Value | Court Filing Fee |
|---|---|
| Under $250,000 | $459.30 |
| $250,000–$1,000,000 | $1,004.90 |
| $1,000,000–$2,000,000 | $1,217.00 |
| Over $2,000,000 | $1,547.50 |
Additional VIC costs:
- Advertising (if required): ~$100–$150
- Certified copies: ~$40 each
- Online application available via Victorian courts portal
Queensland
Applications are made to the Supreme Court of Queensland (Registrar of Probates).
| Estate Value | Court Filing Fee |
|---|---|
| Under $5,000 | $0 (no fee) |
| $5,000–$50,000 | $115 |
| $50,000–$100,000 | $231 |
| $100,000–$250,000 | $462 |
| $250,000–$500,000 | $693 |
| Over $500,000 | $886 |
Additional QLD costs:
- Public Notice (Gazette): ~$50–$100
- Certified copies: ~$35 each
- Online lodgement available via Queensland Courts portal
Other States
| State | Court | Approximate Fees |
|---|---|---|
| Western Australia | Supreme Court WA | $388–$2,591 (estate-based) |
| South Australia | Supreme Court SA | $294–$2,454 (estate-based) |
| Tasmania | Supreme Court TAS | $186–$1,491 (estate-based) |
| ACT | ACT Supreme Court | $368–$2,942 (estate-based) |
| Northern Territory | NT Supreme Court | $200–$1,500 (estate-based) |
Step-by-Step Probate Application Process
Step 1: Locate and Secure Documents
Essential documents:
- Original will (not a copy)
- Original death certificate
- Identification documents for executor
Asset information:
- Bank statements and account details
- Property titles or mortgage documents
- Share certificates or portfolio statements
- Superannuation statements
- Vehicle registrations
- Life insurance policies
- Business records (if applicable)
Step 2: Determine if Probate is Needed
- Contact banks and institutions to confirm their requirements
- Check property ownership (joint tenants vs tenants in common)
- Review superannuation binding nominations
- Assess total estate value and asset types
Step 3: Value the Estate
- Obtain property valuations (professional valuation or council rates notice)
- Request account balances as at date of death
- Value shares at market price on date of death
- List all assets and liabilities
Step 4: Prepare Application Documents
Standard documents required:
| Document | Purpose |
|---|---|
| Application for Probate | Court form requesting the grant |
| Affidavit of Executor(s) | Sworn statement by executor(s) |
| Original Will | The document to be proved |
| Death Certificate | Proof of death |
| Inventory of Assets | List of all estate assets and values |
| Affidavit of Due Execution | May be required if will's execution is questioned |
Step 5: Publish Required Notices
Most states require public notice before or after the grant:
| State | Notice Requirement |
|---|---|
| NSW | Notice must be published (typically in NSW Trustee Gazette) |
| VIC | Notice requirements vary; check current rules |
| QLD | Notice in Queensland Government Gazette required |
Notices allow creditors and potential claimants to come forward.
Step 6: Lodge the Application
- Lodge online (where available) or in person/by post
- Pay the court filing fee
- Submit all required documents and affidavits
- Ensure all documents are properly signed and witnessed
Step 7: Court Processing
- Registry examines the application
- Requisitions (requests for additional information) may be raised
- If satisfactory, the grant is issued
- Collect or receive the sealed grant
Step 8: Administer the Estate
Once the grant is issued:
- Provide grant to banks, registries, and Land Titles
- Collect estate assets
- Pay debts, funeral expenses, and taxes
- Distribute to beneficiaries per the will
- Prepare estate accounts
Probate Timelines
Key point
The court typically issues a grant 4–8 weeks after lodgement, while the full process from death to distribution usually takes 6–12 months, and complex estates can run to 1–3 years.
Typical Timeframes
| Stage | Timeframe |
|---|---|
| Gathering documents | 2–4 weeks |
| Preparing application | 1–2 weeks |
| Court processing | 4–8 weeks (after lodgement) |
| Collecting assets | 4–12 weeks |
| Paying debts and taxes | 4–12 weeks |
| Distribution to beneficiaries | 2–4 weeks |
| Total (straightforward estate) | 6–12 months |
Factors That Cause Delays
- Missing or damaged original will
- Disputes about will validity
- Family provision claims (6-month waiting period in some states)
- Complex assets (businesses, overseas property)
- Multiple executors with disagreements
- Incomplete applications requiring requisitions
- Missing beneficiaries
DIY Probate vs Using a Professional
When DIY Probate May Be Suitable
- Estate is straightforward (bank accounts, modest investments)
- No disputes expected among beneficiaries
- No real property or simple property situation
- Executor is capable and has time
- No business interests or complex assets
When Professional Help is Recommended
- Estate includes real property
- Complex assets (businesses, trusts, overseas assets)
- Potential family provision claims
- Beneficiaries in conflict
- Multiple wills or questions about validity
- Executor inexperienced or time-poor
- Estate has significant debts or liabilities
Professional Fee Ranges
| Service | Typical Cost |
|---|---|
| Solicitor (full service) | $3,000–$15,000+ depending on complexity |
| Solicitor (probate application only) | $2,000–$5,000 |
| Trustee company | 4%–6% of estate value (higher for ongoing trusts) |
| Online probate services | $1,000–$3,000 |
Common Probate Problems
Missing Original Will
If the original will cannot be found:
- Courts may accept a copy with additional evidence
- Affidavits about the missing original are required
- If presumed destroyed by will-maker, intestacy may apply
- Consider whether the will was revoked
Will Validity Challenged
Grounds for challenge include:
- Will-maker lacked mental capacity
- Will was not properly executed (witnesses, signature)
- Undue influence or fraud
- Will-maker lacked knowledge of contents
Family Provision Claims
- Eligible family members can claim adequate provision
- Claims must be made within time limits (6–12 months depending on state)
- Executors often wait before distributing to allow for claims
- Claims can significantly delay estate distribution
State Court Resources
New South Wales
- NSW Supreme Court – Probate
- NSW Trustee & Guardian
- Online eLodgement system available
Victoria
- Supreme Court of Victoria – Probate
- State Trustees Victoria
- Online application portal available
Queensland
- Queensland Courts – Probate
- Public Trustee Queensland
- Online lodgement available
Legislation and Official Resources
Will-making in Australia is governed by each state and territory's own succession legislation. The core statutes include:
- New South Wales: Succession Act 2006 (NSW)
- Victoria: Wills Act 1997 (Vic)
- Queensland: Succession Act 1981 (Qld)
- South Australia: Succession Act 2023 (SA)
- Western Australia: Wills Act 1970 (WA)
- Tasmania: Wills Act 2008 (Tas)
- Australian Capital Territory: Wills Act 1968 (ACT)
- Northern Territory: Wills Act 2000 (NT)
Because requirements differ between states and are amended over time, always confirm the current rules for your state, or seek advice from a qualified legal professional.
Related Guides
- Estate Administration Guide – Complete executor duties
- Executor Fees Australia – Commission and expenses
- Died Without a Will – Intestacy rules
- Will Executor Role – Executor responsibilities
Further Reading
- LawAccess NSW – Probate
- Victoria Legal Aid – Probate
- Queensland Law Society – Wills and Estates
- Law Council of Australia
WillBuddy helps you create a clear, properly executed will that makes probate straightforward for your executor. Start free and preview your complete draft before you pay.
Reviewed and current as at 12 June 2026.
This article is general information only and is not legal advice. Laws change over time and vary between Australian states and territories, so always confirm the current position and consider advice from a qualified legal professional for your specific circumstances.