If you’ve come across the term probate, you’re probably trying to understand what it actually means, and whether it applies to your situation.
You’re not alone. Probate is commonly misunderstood.
This guide explains what probate is, how it works in Australia, and when it’s needed, in simple, clear terms.
Plain English Summary:
Probate is the court process that confirms a person’s will and gives an executor authority (often to deal with a person’s estate after they die).
It generally gives the executor authority to deal with estate assets, depending on the will, the law, and the requirements of various institutions such as banks.
What Is Probate?
Probate is a legal process which differs by state/territory, but it usually confirms that:
- A person’s will is valid
- The executor named in the will has the authority to act
Once probate is granted, the executor has formal authority to manage the assets in the estate that require the grant.
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.
This may include:
- allowing access to bank accounts (banks often still require their own forms and ID)
- selling or transferring property held solely in the deceased person’s name
- dealing with financial institutions – each have their own processes
- distributing assets to beneficiaries – executors generally pay debts and deal with liabilities before final distribution
In simple terms, probate is the court confirming the will and executor’s authority to carry out the wishes in a will; it doesn’t approve every future decision.
Why Probate Exists
Probate exists to provide certainty and protection.
It helps confirm that:
- the will relied on by the executor
- the right person is managing the estate
- Many institutions use probate as evidence of authority before releasing assets.
Without probate, many organisations may not allow access to funds or assets.
How Probate Works in Australia
The process of probate generally involves:
- Locating the original will
- Identifying the executor
- Preparing legal documents required by the relevant court
- Applying to the Supreme Court in the relevant state or territory
- Receiving a grant of probate
Once granted, the executor can formally deal with assets requiring probate.
Step-by-step guide: How to apply for probate
What Does the Executor Do After Probate Is Granted?
After probate is granted, the executor is responsible for managing the estate.
This typically includes:
- collecting assets
- paying debts and liabilities
- distributing the estate according to the will
Learn more:
Does Every Estate Need Probate?
No, not every estate requires probate.
Whether probate is needed depends on a variety of factors including:
- the type of assets
- how those assets are owned
- the requirements of banks and institutions
- the State or Territory
Some assets may be dealt with without probate; others may require it.
Find out: Do I need probate in Australia?
What Happens If There Is No Will?
If there is no valid will, some assets may be simple to deal with, but others may require someone to apply for letters of administration before they can be managed or distributed.
Learn more: Probate without a will
Can Probate Be Avoided?
In some cases, probate may not be required depending on how assets are structured, this can vary by asset and institution.
However, this is not always possible — It’s often difficult or impossible to change whether probate is needed after death because ownership structures are already set.
Learn more: Can probate be avoided?
How Long Does Probate Take?
The time it takes to obtain probate can vary depending on the complexity of the estate and the court processing times.
How Much Does Probate Cost?
Costs can vary depending on the estate and whether you choose to get professional help.
Learn more:
What Should You Do Next?
If you’re trying to understand probate, a general starting point is usually to work out whether it applies to your situation.
You can do that by:
- reviewing the assets in the estate
- checking how they are owned
- contacting institutions if needed
Key Takeaway
- Probate is a legal process that confirms a will and gives the executor authority to act
- It is often required to access and manage assets
- Not every estate needs probate
If you’re unsure, that’s completely normal, most people are learning this for the first time, we’re here to help you.
Related Guides
- Do I need probate in Australia?
- Download our comprehensive probate guide
- How to apply for probate
- Probate without a will
- What to do when someone dies
You don’t need to understand everything at once. Take it step by step, this guide is here to help you along the way.