How to apply for probate
Updated 20 August 2026 · 10 minute read
Probate is the Supreme Court's confirmation that a will is valid and the executor named in it has authority to deal with the estate. If you've been told you need it, this guide walks through the whole process — what to gather, what it costs, and where people get stuck.
The process, step by step
The order is broadly the same in every state, though the forms and notice requirements differ. Expect three to ten weeks from first notice to grant.
Locate the will and order the death certificate
You need the original will — not a copy — and the official death certificate from Births, Deaths and Marriages (usually 2–4 weeks after the funeral director lodges the registration).
Publish the notice of intention
Most states require a public notice before you file — online in NSW, VIC and the ACT, in the Queensland Law Reporter in QLD, in the NT News in the NT. A 14-day wait follows. WA and SA skip this step entirely.
Prepare the application
The summons or application form, an inventory of assets and liabilities at date-of-death values, and an affidavit from the executor. Everything is sworn or affirmed.
File with the Supreme Court and pay the filing fee
Filing is online in NSW, VIC, SA and (for simple estates) WA; paper in QLD, TAS and the NT. Fees range from $0 to $17,770 depending on the state and estate value — full fee tables.
Respond to any requisitions, then receive the grant
If the registry finds a problem it issues a 'requisition' — a query you must answer before the grant is made. Clean applications are granted in days (VIC) to weeks (everywhere else).
You don't have to use a lawyer — but most executors do when the estate includes property, more than a couple of accounts, or any family tension. A fixed fee for a straightforward grant is typically $1,500–$3,000 plus the court fee.
Your state's specifics
Fees, forms, notice rules and current wait times differ meaningfully. Go straight to your state: NSW · VIC · QLD · WA · SA · TAS · ACT · NT
Documents you'll need
- Original will (and any codicils)
- Death certificate from Births, Deaths and Marriages
- Asset and liability statements dated near the date of death
- Executor's photo ID and contact details
- Copy of the published notice of intention (where your state requires one)
Most registries expect filing within 6 months of the death (3 years in VIC) — after that you'll need an affidavit explaining the delay. The estate doesn't disappear, but late filing adds cost and questions.
Rather hand this to someone?
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Get fixed-fee probate quotesCommon questions
Can I apply for probate myself, without a lawyer?
Yes, in every state. Executors of simple estates — one property or less, a few accounts, no disputes — regularly self-apply. Requisition rates are higher for self-filed applications, which can add weeks.
What if the original will can't be found?
You can apply for probate of a copy, but the court needs evidence of what happened to the original and that it wasn't revoked. This is one situation where legal help is strongly worth it.
Does every estate need probate?
No — many don't. Jointly-held homes and accounts pass to the survivor automatically, and banks release smaller balances without a grant. Try the 60-second checker.
The deceased owned assets in two states — two applications?
Usually one grant in the state with most assets, then a 'reseal' in the other. Some registries accept a single grant covering both — a fixed-fee firm will know the cheapest route.
Sources
- Supreme Court probate registries — all states and territories
- UCPR (NSW) probate rules; RedCrest-Probate (VIC); UCPR 1999 (QLD)
- State filing fee schedules 2026–27