If you’ve determined that probate is required, the process generally follows similar stages, but exact requirements vary by state or territory.
How do I apply for probate?
It can feel really unclear at first, but the process follows a clear set of steps. This guide walks you through how to apply for probate in Australia, in simple terms, so you know what to expect.
In Plain English
Applying for probate generally means submitting documents to the Supreme Court in the relevant state/territory for a grant confirming the will and executor’s authority.
Once granted, probate can allow the executor to administer the estate, including dealing with assets and distributing them when appropriate.
Before You Start
Before applying, it helps to have a clear picture of the estate.
You’ll generally need to:
- locate the original will
- confirm you are the executor
- identify assets and liabilities
It’s worth taking a bit of time here and understanding all the information, making sure you’re not missing anything. Many delays can happen at the preparation stage if information is missing or incorrect.
Step-by-Step: How to Apply for Probate
1. Locate the original will
You will usually need the original signed will. If only a copy is available, additional steps may be required.
If the original will cannot be found, legal advice may be needed and additional evidence may be required.
Missing One Document Can Add Weeks to Probate.
Many of those delays can be avoided
Our simple step-by-step guide helps you understand the process, gather the right documents and avoid common issues that can slow things down.
2. Prepare information about the estate
Probate applications often require information about the estate’s assets and liabilities:
- bank accounts
- property
- investments
- debts and liabilities
This information is used to prepare your application documents.
3. Publish a notice of intention to apply
In some jurisdictions, you must publish a notice before applying. You should check your state or territory’s process.
The notice provides public notice and allows relevant parties to raise issues before the grant.
Notices are often published through a court or registry-approved online system, depending on jurisdiction.
4. Prepare the probate application
A probate application commonly include the following docusments, but requirements vary:
- an application form
- an affidavit (a formal written statement sworn or affirmed for use in court)
- details of the estate
- the original will
Accuracy is really important; even small errors or missing information can delay the application.
Before you submit your application
Before submitting, double check the original will, estate details, documents and state/territory requirements.
Make sure you have:
- the original signed will
- complete and accurate asset details
- correctly prepared documents
- followed your state’s requirements
Missing even a small detail can cause delays or require further information.
Get the Probate Starter Guide ($49)
A step-by-step checklist designed to help you prepare and avoid common mistakes before you submit.
5. File the application with the Supreme Court
Applications are generally lodged with the Supreme Court in the relevant state/territory and require a filing fee.
Learn more: Probate cost in Australia
6. Wait for the grant of probate
The court/probate registry reviews the application and may issue a grant if requirements are met.
If information is missing or incorrect, the registry may request further information or issue a requisition. Responding to requests for further information can add time to the process.
Learn more: How long probate takes
7. Begin administering the estate
Once probate is granted, the executor can administer the estate, including:
- Collecting assets
- paying debts
- distribute according to the will when appropriate
Common Mistakes That Cause Delays
Delays can happen because of avoidable mistakes or missing information.
Common issues include:
A clear checklist can help reduce the chance of common mistakes.
These are common issues that may delay a probate application:
- incorrect or incomplete forms
- missing documents
- errors in names or details
- failing to follow court requirements
Even small mistakes may result in requests for correction and add time to the process.
How to Avoid Delays
Fixing errors can add time and may increase costs, especially if professional help is needed.
A little preparation can make a big difference.
You can help reduce delays by:
- organising documents early
- double-checking all details
- following the correct process for your state/territory
Many people choose to use a structured checklist or guide to stay on track.
Get the Probate Starter Guide ($49)
A simple, step-by-step resource that helps you:
- prepare your application
- understand common steps
- reduce common mistakes
Do You Need a Lawyer?
You may be able to apply yourself, particularly in straightforward estates, but requirements vary.
Professional help may be useful where:
- the estate is complex
- they are unsure about the process
Getting guidance may help avoid unnecessary delays.
If you’d like professional help, you can request an introduction to a probate lawyer. We may receive a referral fee if you proceed.
What If There Is No Will?
If there is no valid will, the process is different and you usually apply for letters of administration rather than probate.
Learn more – Probate without a will
Key Takeaway
- Applying for probate generally involves preparing and lodging documents with the relevant court/probate registry.
- Accuracy is important, mistakes may cause delays
- You may be able to apply yourself, but professional support can be helpful in more complex situations.
Related Guides
- Do I need probate in Australia?
- What is probate?
- Probate cost in Australia
- What to do when someone dies
- Comprehensive probate guide and checklist
Take things one step at a time, being organised early may make the process smoother.