Do I need probate?
Not every estate requires probate and many families are surprised to find they can handle things without it. Find out what triggers the requirement and whether your situation is one of them.
Read MoreNot Sure About Probate in Australia? You Don't Have to Figure it Out Alone
Most people assume probate means expensive lawyers and months of stress. We'll help you understand exactly what applies to your situation, in plain language, at your own pace.
First Steps
Where are you with probate right now?
Every estate is different. Start with the topic that fits where you are right now.
When there is no will
When someone dies without a will the rules around who inherits and who is in charge change significantly. Understanding intestacy early can save a lot of confusion and family tension down the track.
Read MoreExecutor responsibilities
Being named as executor is an honour but it comes with real legal obligations and a surprising amount of admin. Here is a clear breakdown of what you are actually responsible for and in what order.
Read MoreWhat to do when someone dies
The first few days after a death can feel overwhelming, and it's hard to know what needs to happen first. This walks you through the immediate steps, in order, so you're not guessing.
Read More
Everything you need to understand probate
No legal jargon, no sales pitch, just clear answers to the questions you actually have.
Plain-language guides
Every article is written the way we’d explain it to a friend, no legal terminology you need a dictionary for.
Australia-specific
Written for how probate actually works here, not generic advice that doesn’t apply to your state or situation.
Written for beginners
You don’t need to already understand the process. We start from “what even is probate” and build from there.
Still Working Out What Applies to You?
Start with the guides below, no cost, no sign-up.
How it works
Probate in Four Steps
Every estate is different, but the process generally follows the same path
- Step
Work out if you need probate
ot every estate requires it. Start here to find out whether your situation actually needs a grant.
- Step
Skip the guesswork
If you'd rather not piece it together yourself, the Starter Guide walks you through every step for your situation.
- Step
Apply for the grant
Gather the right documents and lodge your application with the Supreme Court in your state.
- Step
Administer the estate
Once the grant is issued, you can start paying debts, collecting assets, and distributing to beneficiaries.
Free Guides
Australia Help Probate Guides
Every guide we've written on probate in Australia, organised by topic so you can find exactly what you need.
Probate Help Australia
Frequently Asked Questions
Straight answers to the questions people ask us most.
Not always. Many simple estates can go through probate without one. It depends on the complexity of the estate and how comfortable you are handling the paperwork yourself..
It varies by state and by how straightforward the estate is, but you can generally expect anywhere from a few weeks to several months for the grant itself, with full administration sometimes taking longer.
Check the will first, it should name the executor directly. If there’s no will, or you’re still unsure, our guide on probate without a will can help clarify what happens next.
In many cases, you simply won’t be able to access the deceased’s bank accounts, sell their property, or distribute their assets until probate (or an equivalent process) has been granted.
No. Smaller or simpler estates, particularly those without property in the deceased’s sole name, often don’t require it. Our “Do I need probate?” guide can help you work out where you stand.
Costs vary depending on the state, the size of the estate, and whether you handle it yourself or get help. See our Probate Cost & Pricing guide for a more detailed breakdown.
Probate applies when there’s a valid will naming an executor. Letters of administration apply when there’s no will, or the named executor can’t or won’t act, someone else applies to the court to administer the estate instead.
Yes, family members or dependants who believe they haven’t been adequately provided for can challenge a will. This is a separate legal process from probate itself, but it can affect how and when the estate is finally distributed.