Do you always need probate in Australia?

No. There is no statutory requirement to obtain probate in every case. Asset holders often release small amounts without a grant, and property held as joint tenants passes to the surviving owner.

What happens if there is no will?

No one can apply for probate. A relative or other entitled person applies to the Supreme Court for letters of administration, and the estate passes under the state's intestacy rules.

Can an executor refuse the role?

Yes. An executor can renounce probate before a grant is made, using the court's form. Once a grant has been made, the executor cannot renounce.

Is a grant from one state valid in another?

A grant is made by the Supreme Court of the state where the assets are. If the deceased had assets in another Australian state, the executor can usually apply to have the original grant resealed there.

Can someone stop a grant of probate?

Yes. A person with an interest in the estate can file a caveat, which prevents the court from issuing a grant. In NSW, a caveat stays in force for 6 months from filing.

What Is Probate and How Do You Apply? (By State)

Probate is an order of a state Supreme Court that confirms a will is valid and authorises the executor named in it to collect, manage and distribute the deceased's estate. In NSW, the executor should apply within 6 months of the death, after publishing an online notice of intended application and waiting 14 days.

To apply, the executor needs the original will, the death certificate and a list of the deceased's assets and debts. The application is made to the Supreme Court of the state where the assets are. If the estate is large, involves a business or real estate in more than one state, or someone may contest the will, wills & estates lawyers in Australia prepare and file probate applications.

How do you apply for probate?

Applying for probate takes five steps in most states:

Find the original will and any codicils. The court keeps the original. A copy is accepted only in limited cases, with evidence of searches for the original.
Get the death certificate and prepare an inventory of the deceased's assets and liabilities.
Publish a notice of intention to apply, where the state requires one, and wait the set period.
File the application: in NSW a summons for probate with the affidavit of executor and inventory, in Victoria an originating motion through RedCrest-Probate. Pay the filing fee.
Answer requisitions. The registry checks the documents and asks for more information if anything is missing or unclear. The grant issues once the registrar is satisfied.

In NSW

The executor publishes a notice of intended application on the NSW Online Registry, waits 14 days, then files the application with the Supreme Court of NSW. The notice costs $59 as at September 2026. Under Part 78 rule 16 of the Supreme Court Rules 1970, an application filed more than 6 months after the death must explain the delay, either in the affidavit of executor or in a separate affidavit of delay.

In Victoria

The executor must advertise on RedCrest-Probate at least 15 days before applying to the Supreme Court of Victoria Probate Office. The advertisement costs $38 as at September 2026. The inventory and affidavit are prepared in the same online system.

In Queensland

The applicant publishes a notice of intention in the Queensland Law Reporter and waits 14 days before filing with the Supreme Court of Queensland. The applicant must also give notice to the Public Trustee of Queensland at least 7 days before filing.

How long does probate take?

Probate usually takes several weeks from the notice to the grant when the documents are complete. The Supreme Court of Victoria publishes a review time of 5 to 10 working days after filing, but reports that applications are currently taking longer. The Supreme Court of NSW publishes its current processing times online. Any requisition from the registry adds time.

Administering the whole estate takes longer. NSW Government guidance says an estate can take as long as 12 months to finalise, and possibly longer. In NSW, an executor should not distribute the estate earlier than 6 months after the death, and not until 30 days after a notice of intended distribution is published.

How much does probate cost?

Probate filing fees range from nil for smaller estates to more than $17,000 for the largest Victorian estates. Some states charge a flat fee and others scale the fee to the gross value of the estate in that state. Fees below are as at September 2026 and are indexed each 1 July.

State	Court	Filing fee for a grant
NSW	Supreme Court of NSW	Nil under $100,000; $960 for $100,000 to under $250,000; up to $7,399 for $5 million or more
Victoria	Supreme Court of Victoria, Probate Office	Nil under $250,000; $544 for $250,000 to under $500,000; up to $17,770.80 for $7 million or more
Queensland	Supreme Court of Queensland	$847.60 flat fee
Western Australia	Supreme Court of Western Australia, Probate Office	$418 flat fee
South Australia	Supreme Court of South Australia, Probate Registry	$1,020 for $200,000 or less; up to $4,075 for more than $1 million
Tasmania	Supreme Court of Tasmania, Probate Registry	$548.80 under $50,000; up to $2,338.28 for $5 million or more
ACT	Supreme Court of the ACT	Set by the court's fee schedule
Northern Territory	Supreme Court of the Northern Territory	Set by the court's fee schedule

Legal fees are separate. A lawyer's fee for a straightforward probate application is often fixed, and estate administration is usually charged by the hour. For general fee models, see How Much Does a Lawyer Cost in Australia? and Court Filing Fees in Australia.

When is probate not needed?

Probate is not needed in every case. The Supreme Court of NSW states that there is no statutory requirement to obtain probate in every case, and that asset holders often release smaller amounts without one. Probate is usually not needed when:

all assets were owned as joint tenants, because they pass automatically to the surviving owner;
the only assets are small bank balances that the bank agrees to release on sight of the death certificate and will, often with a signed indemnity;
the assets are superannuation or life insurance paid directly to a nominated beneficiary, depending on the terms of the fund or policy.

Probate is usually needed when real estate is held solely in the deceased's name or as tenants in common. Each asset holder sets its own threshold and requirements, so the executor should ask each one.

In Victoria, the Probate Office offers an optional small estates service. For deaths between 1 July 2026 and 30 June 2027, it applies to estates under $137,210, and the Probate Office charges $285 to prepare the application.

What are letters of administration?

Letters of administration are the grant made when there is no executor to take probate. The NSW Government lists four situations:

there is no will;
the will is not valid;
the will names no executor;
the executor does not want to, or cannot, act.

Where there is a valid will but no executor able to act, a beneficiary applies for letters of administration with the will annexed. Where there is no will, the estate passes under the state's intestacy rules. The process and fees are otherwise similar to probate.

Who can challenge a grant of probate?

A person with an interest in the estate can challenge the grant by filing a caveat, which stops the court issuing a grant. In NSW, the caveat costs $57 for an individual as at September 2026 and stays in force for 6 months. A challenge to the will's validity then proceeds as contested probate proceedings. A person who instead claims they were not adequately provided for makes a family provision claim; see Contesting a Will in Australia.

Finding a probate lawyer

A probate lawyer prepares the notice, inventory and affidavits, answers requisitions and advises the executor on distribution and tax. Compare wills & estates lawyers in Australia by city, including wills & estates lawyers in Sydney, wills & estates lawyers in Brisbane, wills & estates lawyers in Adelaide and wills & estates lawyers in Perth. If the grant is disputed, compare will dispute lawyers in Australia.

What Is Probate and How Do You Apply?