Do I need probate?
Updated 20 August 2026 · 8 minute read
Many Australian estates don't need probate at all. Whether you do depends mostly on what the person owned, how they owned it, and each bank's own release threshold. The checker below gives you a general indication in under a minute.
Question 1 of 5
Did the person have more than about $50,000 in any single bank?
Each bank sets its own threshold — most release smaller balances without probate.
Probate is probably required for this estate
Estates with solely-owned real estate, larger bank balances or substantial shareholdings almost always need a grant before those assets can be released or transferred. The good news: for a straightforward estate it's a well-worn path, and fixed-fee help is affordable.
Get fixed-fee probate quotesProbate may not be required — it depends on the details
Nothing in your answers forces a grant, but the outcome turns on each institution's thresholds and exactly how assets were held. Read the guides below, or ask a lawyer for a quick opinion — many will tell you free of charge whether a grant is actually needed.
Check the bank thresholds Ask a fixed-fee lawyerProbate is unlikely to be required for this estate
Jointly-held assets pass to the survivor automatically, and super is usually paid directly by the fund. You'll likely deal with each institution using the death certificate and their own forms — our guides walk through it bank by bank.
See what to do insteadThis checker gives general information only, based on common thresholds — it is not legal advice and doesn't account for your full circumstances. When in doubt, ask; most probate lawyers will tell you for free whether a grant is needed.
The quick rules of thumb
- Solely-owned real estate → probate almost always required
- Bank balance above the bank's threshold (the big four all use $100,000) → required by that bank
- Everything owned jointly with a surviving partner → usually not required
- Super and life insurance → paid by the fund, usually without probate
- Small estate, no property → often released with certified documents and an indemnity
The bank thresholds that decide it
In 2026 the big four banks — CBA, Westpac, ANZ and NAB — will each release up to $100,000 from solely-held accounts without a grant, given a certified death certificate, the will and an indemnity form. Macquarie and Bendigo also use $100,000; BOQ uses $75,000 (with a will). Share registries are much lower: Computershare $25,000 and MUFG (ex-Link) $15,000 per holding. Full details, forms and phone numbers: deceased estate bank accounts.
Banks don't follow one national rule. Each sets its own release threshold and paperwork — which is why two families with similar estates can have completely different experiences.
If probate is needed after all
It's a well-worn path: see how to apply, what it costs and how long it takes — or skip straight to fixed-fee quotes.
Rather hand this to someone?
Get fixed-fee quotes from probate lawyers in your state. Upfront prices, no obligation.
Get fixed-fee probate quotesSources
- CBA, Westpac, ANZ, NAB deceased estate pages (thresholds as at August 2026)
- Computershare and MUFG Corporate Markets deceased estate requirements
- State Supreme Court probate registries