What is probate and when do I need it in Australia?
Probate is a formal court process that confirms the validity of a will and authorises the executor to administer the estate. In Australia you typically need probate when the deceased owned real estate solely in their name, or when a financial institution requires it before releasing assets. Each state Supreme Court has its own Probate Registry.
Which court do I apply to for probate in Australia?
You apply to the Supreme Court probate registry in the state where the deceased was ordinarily resident at the time of death. For example, apply to the Supreme Court of NSW for a deceased person resident in New South Wales, or to the Supreme Court of Victoria for a deceased person resident in Victoria.
What documents do I need to apply for probate in Australia?
You generally need the original will and any codicils, the original death certificate, a completed probate application form, an executor's affidavit, an inventory of estate assets and liabilities, and proof of the deceased's identity. Some registries require additional documents depending on the estate's complexity.
How long does the probate process take in Australia?
If the application is straightforward and complete, probate is typically granted within four to eight weeks. More complex estates or incomplete applications can take significantly longer. You cannot distribute the estate to beneficiaries until probate is granted.
What are the fees to apply for probate in Australia?
Probate filing fees are set by each state and are based on the gross value of the estate. In NSW the fee ranges from around $0 for small estates to several thousand dollars for large ones. In Victoria the fee schedule is similar. Check the current fee schedule on your state court's website before filing.
Do I need to wait before applying for probate after someone dies in Australia?
Most states require that probate applications not be filed until at least 14 days after the date of death. There is no strict outer deadline but assets cannot be transferred until probate is granted, so it is practical to apply promptly.
What happens if there is no will — is probate still required in Australia?
If there is no valid will, you apply for Letters of Administration rather than probate. The process is similar but the court appoints an administrator rather than confirming an executor. Priority to apply is given to the deceased's next of kin under your state's Succession Act.
Can I apply for probate without a solicitor in Australia?
Yes. The Supreme Court probate registries in all states accept applications filed by the executor personally. The forms and detailed instructions are available on each court's website. Many executors successfully complete the process without legal assistance for straightforward estates.
What are my responsibilities as executor once probate is granted in Australia?
Once probate is granted you must collect estate assets, pay all debts and taxes, and distribute the remainder to beneficiaries according to the will. You must keep detailed records of all transactions and may need to lodge a final tax return for the deceased and potentially for the estate itself.
How does uplaw.ai help with probate in Australia?
Tell us which state you are in, whether there is a valid will, and the main assets in the estate in the chat. We identify the correct registry and forms, explain the fee schedule, and help you prepare the executor affidavit and inventory for filing.
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Applying for probate? Tell uplaw.ai about the estate.
No account required. uplaw.ai identifies the right state registry, explains the fee schedule, and prepares your executor affidavit.