Many people ask whether probate can be avoided entirely.
The answer is, it depends. Sometimes, but not always
This guide explains when probate may not be required, and when it usually is.
In simple terms
Probate can sometimes be avoided depending on how assets are owned and structured.
In plain English
You may not need probate if:
- Assets are jointly owned – these may pass automatically depending on ownership type
- Assets have nominated beneficiaries – some assets may be paid directly where there is a valid beneficiary nomination.
- The estate is small – some institutions may release smaller amounts without probate
Otherwise, probate is usually required. Probate may be required where assets are held solely in the deceased person’s name or an institution requires it.
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.
When probate is not required?
1. Joint ownership
If assets are owned jointly (e.g. a house with a spouse):
- If held as joint tenants, the property may pass to the surviving owner; ownership type matters.
2. Superannuation and insurance
These often:
- Superannuation and insurance may be paid directly to nominated beneficiaries, depending on the fund/policy and nomination type.
- They may not form part of the estate if paid directly to beneficiaries; in some cases they may be paid to the estate.
3. Small estates
Some banks and institutions may release funds:
- without probate
- if the value is below a certain threshold
When probate is required?
Probate is:
- often required to deal with real estate held solely in the deceased person’s name.
- more likely required when assets are significant
- usually needed when institutions require legal authority.
Can you avoid probate after someone dies?
Generally in most cases:
No — the structure of assets is already set
Probate planning usually happens before death, not after.
What should you do next?
Start with:
Do I need probate in Australia?
Then explore:
Take things one step at a time
Some estates require probate, others don’t.
The key is understanding your situation early so you can move forward with confidence.