Probate explained: the grant, the process, the cost.

When someone dies leaving a will, the executor named in the will applies to the Supreme Court of the relevant state for a grant of probate. Probate confirms the will is valid and authorises the executor to administer the estate. Without it, banks won’t release significant funds and the executor cannot deal with most property.

When is probate required?

Probate is required where the deceased held assets that institutions will not release without it. The threshold varies by institution but in practice:

• Real property in the deceased’s sole name: probate required to transfer title.
• Bank accounts over the institutional threshold (typically $25,000–$50,000 depending on the bank): probate required.
• Shares held in the deceased’s name: probate required for any meaningful holding.
• Superannuation: usually paid under the trustee’s discretion or a binding death benefit nomination, outside probate.
• Joint-tenancy property: passes by survivorship to the co-owner; probate not required for that asset.
• Small estate (under $50k, no real property): banks may release on statutory declaration without probate.

The application process

1. Notice of intended application. Published online (NSW Online Registry) or in the relevant state’s court gazette. 14-day notice period.
2. Lodgement. The executor lodges the application: the original will, a death certificate, an inventory of assets and liabilities, an executor’s affidavit, and any supporting documents.
3. Court review. The Registrar reviews the application. May issue requisitions (questions) if anything is unclear. Most applications complete first review in 2–6 weeks.
4. Grant issued. The grant of probate is issued. The executor then has authority to deal with estate assets.
5. Estate administration. The executor pays debts, realises assets, and distributes to beneficiaries. Typically 6–18 months for a moderate estate.

Court filing fees by state

• NSW: $769 baseline, scales with estate value above $100k.
• Victoria: $391 (estates under $500k) up to $2,400+ (estates over $5m).
• Queensland: $799 flat rate.
• Western Australia: $360–$1,400 scaled.
• South Australia: $1,265–$2,890 scaled.
• Tasmania: $560 flat.
• ACT: $610 standard rate.

Figures current at May 2026. Confirm with the relevant Supreme Court before lodging.

What if there is no will? (Intestacy)

Where the deceased did not leave a valid will, the estate is administered under the intestacy provisions of the relevant state. An interested person (usually next of kin) applies for letters of administration rather than probate. The process is similar but slightly slower and more involved — affidavit evidence of family circumstances is usually required.

Intestacy distribution rules vary by state. In NSW, under s127 of the Succession Act 2006, a spouse with children of the relationship inherits everything; a spouse with step-children inherits a statutory legacy plus part of the residue. Other states have similar but not identical schemes.

Common complications

• Lost or defective wills. Where the original cannot be located, probate may be granted of a copy with supporting evidence. Defective execution (witnessing issues) requires curative application under the dispensing power.
• Family provision claims. An eligible person may apply for further provision (12 months in NSW). Probate is usually obtained first, then the family provision claim runs separately.
• Foreign assets. Where the deceased held assets in multiple jurisdictions, ancillary grants may be required overseas. International succession is specialist territory.
• Disputed executor capacity. Where the named executor is unable or unwilling to act, an alternate (or beneficiary) may apply for probate or letters of administration with the will annexed.

Costs of administering an estate

Indicative costs for an executor engaging a solicitor:

• Simple uncontested probate (single property, single bank account): $2,200–$4,500 + filing fee.
• Moderate estate (multiple assets, some shares): $4,000–$6,500 + filing fee.
• Complex estate (business, multiple beneficiaries, ongoing trust): $6,500–$15,000+ for full administration.

Executors’ own commissions are claimable from the estate in most states, typically 0.5–2.5% of estate value, requiring beneficiary consent or court approval.

When to engage a solicitor

For a straightforward estate with cooperative beneficiaries, probate can be self-managed with care. Engage a solicitor where:

• The estate includes real property or business interests
• There is or may be a family provision claim
• Beneficiaries are in dispute
• The will is potentially defective or lost
• The deceased held assets in multiple jurisdictions
• You are uncertain about your duties as executor (executors have personal liability for some breaches)