Navigating Probate in Australia Made Easy

When someone close to you passes away, the practical and legal responsibilities that follow can feel overwhelming, particularly if you have been named as their executor. One of the key processes many executors encounter is the probate process in Australia. Despite its formal-sounding name, probate does not need to be intimidating. Understanding how it works, what is required, and when to seek professional support can go a long way toward making a difficult time more manageable.

At MiQ Private, we have found that clients who understand the basics of estate administration are far better prepared when the time comes, both as executors and as people planning their own estates. This article walks through the essentials of the probate process in Australia and explains what you can expect at each stage.

What Is Probate?

Probate is a legal process through which the Supreme Court of the relevant state or territory officially validates a deceased person’s will and confirms the executor’s legal authority to manage and distribute the estate. Think of it as the court’s formal recognition that the will is genuine and that the nominated executor has the right to act.

Without a grant of probate, many institutions, including banks, share registries, and government agencies, will not release assets held in the deceased’s name. That means the executor cannot sell property, access bank accounts, or transfer investments until probate is granted.

It is worth noting that not every estate requires probate. Whether it is needed depends on the type of assets involved, how they are owned, and the policies of the institutions holding those assets. Jointly owned assets, for example, typically pass directly to the surviving owner without probate. Similarly, small bank account balances below a certain threshold may not require the courts to be involved. However, most estates that include real property, a significant share portfolio, or substantial bank accounts will require probate.

When Probate Is Not Required

There are several situations where the probate process may not be needed. Assets held as joint tenants pass automatically to the surviving owner and fall outside the estate entirely. Superannuation is another area that sits separately from the estate in most cases, as super funds pay death benefits according to binding death benefit nominations or trustee discretion, not the will. Life insurance proceeds paid to a named beneficiary also typically bypass the estate and do not require probate.

In Victoria, for example, estates below a current small estate threshold of $133,090 (for deaths between 1 July 2025 and 30 June 2026) may be eligible for a simplified process. Each state and territory administers its own probate rules, so the thresholds and procedures can differ depending on where the deceased resided and where their assets are held.

The Probate Process Step by Step

Step 1: Locate the Will and Identify the Executor

The first task after a person passes away is to locate the original will. The will names the executor, who is the person responsible for managing the estate. It is important to find the original document, not just a copy, as courts require the original will when processing a probate application.

Step 2: Obtain the Death Certificate

A certified copy of the death certificate, available from the Registry of Births, Deaths and Marriages in the relevant state or territory, is required for the probate application and for notifying institutions. The Australian Death Notification Service (https://deathnotification.gov.au/)  can be a helpful way to streamline the process of informing banks, superannuation funds, and other organisations.

Step 3: Identify Assets and Liabilities

Before applying for probate, the executor needs to build a clear picture of what the deceased owned and what they owed. This includes bank accounts, investment portfolios, real property, superannuation (where it forms part of the estate), business interests, vehicles, and personal property, as well as any outstanding debts, mortgages, or tax obligations. The value of assets at the date of death is particularly important for the application and for tax purposes.

Step 4: Publish a Notice of Intention

In most states and territories, the executor must publish a formal notice announcing their intention to apply for probate before lodging the application. In New South Wales, for example, this notice must be published at least 14 days before the application is filed through the Supreme Court’s Online Registry. This notice gives potential claimants the opportunity to come forward before the estate is distributed.

Step 5: Lodge the Probate Application

The application is filed with the Supreme Court of the relevant state or territory and must include the original will, the death certificate, an inventory of assets and liabilities, and supporting affidavits. Since 2023, most uncontested applications in New South Wales are lodged through the court’s online system. Other states have their own platforms and requirements. Filing fees apply and vary depending on the size of the estate.

Step 6: Await the Grant of Probate

Once lodged, the court reviews the application. In straightforward cases, this typically takes around four to eight weeks, though this can vary depending on the court’s current workload. If the court raises a query or requires additional information, this is known as a requisition, and responding promptly helps avoid further delays.

Step 7: Administer the Estate

Once the grant of probate is issued, the executor can legally access and manage the estate’s assets. This involves collecting assets, paying debts and taxes, and ultimately distributing what remains to the beneficiaries as directed by the will. Australian law sets a clear priority for debt repayment: administration costs and funeral expenses come first, followed by ATO tax debts, then general creditors. Distributing to beneficiaries before all debts are settled can expose the executor to personal liability.

How Long Does the Probate Process Take?

From start to finish, administering an estate generally takes between six and twelve months, though complex estates can take longer. The grant of probate itself is only one step in that process. Delays can arise from missing documents, disputes among beneficiaries, contested wills, complex asset holdings such as business interests or overseas assets, or difficulties contacting beneficiaries.

In New South Wales, executors generally have 12 months from the date of death, often called the “executor’s year,” before distributions to beneficiaries are expected to begin. If pecuniary legacies are not paid within that period, interest can begin to accrue on the outstanding amounts, which can reduce the overall value of the estate.

When There Is No Will

If a person dies without a valid will, they are said to have died “intestate.” In this case, no executor is named, and the estate is distributed according to the intestacy laws of the relevant state or territory, rather than the deceased’s wishes. A family member or other eligible person must apply to the court for “letters of administration,” which is a similar process to probate but applies when there is no will.

Dying intestate can create considerable complexity, especially when the estate includes multiple beneficiaries, blended families, or significant assets. It is one of the clearest reasons why having a current, valid will is one of the most important steps anyone can take as part of their estate planning.

Common Misconceptions About Probate

A few persistent myths are worth clearing up. First, probate does not mean the government takes a portion of the estate. It is a legal validation process, not a tax or levy. Second, having a will does not automatically avoid probate. While a clear and current will makes the process much smoother, probate may still be required depending on the assets in the estate. Third, most straightforward estates can be finalised within a reasonable timeframe. Complex estates or those involving disputes take longer, but delays are usually tied to the nature of the assets or legal challenges, not the probate process itself.

How MiQ Private Can Help

While MiQ Private focuses on financial advice rather than legal services, estate planning is a core part of what we do. We work with clients to ensure their financial affairs are structured in a way that makes the estate administration process as smooth as possible for their loved ones and intended beneficiaries. This includes reviewing how assets are held, discussing the role of superannuation and binding nominations, and ensuring that wealth transfer strategies align with the client’s broader estate planning goals.

We also work alongside legal professionals and can help coordinate the financial aspects of estate administration, ensuring that executors have the information they need to carry out their responsibilities with confidence.

Plan Ahead with MiQ Private

Understanding the probate process is an important part of comprehensive estate planning. Whether you are writing your will, reviewing an existing estate plan, or navigating the responsibilities of an executor, MiQ Private is here to help. Reach out to our team today to discuss how we can support you and your family at every stage of the planning journey.