Most Australians have never heard of probate until they're dealing with an estate. This guide explains it clearly — with specific steps for each state.
Probate is a court grant confirming that a will is valid and that the executor has legal authority to deal with the estate's assets. Think of it as the court's stamp of approval — banks, land registries, and brokers require it before releasing or transferring significant assets.
Not every estate requires probate. You likely do need it if:
You likely don't need probate if:
| State | Court | Notice requirement | Typical timeline |
|---|---|---|---|
| NSW | Supreme Court of NSW | 14 days via nsw.gov.au | 4–8 weeks from application |
| VIC | Supreme Court of Victoria | 14 days via LIV website | 4–6 weeks from application |
| QLD | Supreme Court of Queensland | 14 days via courts.qld.gov.au | 4–8 weeks from application |
| WA | Supreme Court of WA | 14 days via courts.wa.gov.au | 6–10 weeks from application |
| SA | Supreme Court of SA | 14 days via courts.sa.gov.au | 4–8 weeks from application |
If the deceased died without a will (intestate), or if the named executor cannot or will not act, the next of kin can apply to the court for Letters of Administration. This operates similarly to probate but authorises an administrator (rather than an executor) to manage the estate.
Probate is a grant issued by the Supreme Court of a state or territory confirming that a will is valid and that the named executor has legal authority to administer the estate. It is not a process in itself — it is a court order (a document) that unlocks the executor's powers.
Probate is generally required when the estate includes real property (land registered in the deceased's name), or when a bank or financial institution requires it before releasing funds. Ask each institution — they set their own threshold, typically $50,000–$100,000.
Once filed, the court typically issues the grant in 4–8 weeks. Before filing you must publish a notice and wait 14 days. Preparing the application takes 1–2 weeks. Total time from death to grant is typically 2–4 months — sometimes longer for complex estates.
Court filing fees vary by state and estate size. In NSW, fees range from nil (estates under $100,000) to over $6,000 for large estates. Solicitor fees for managing the application add $2,000–$5,000+ depending on complexity. You can apply without a solicitor (self-represented) in some states to reduce costs.
Probate is granted when the deceased left a valid will and there is a willing executor. Letters of Administration is granted when there is no valid will (intestacy), or no willing/able executor. Both grants authorise the named person to administer the estate.