Small estates: skipping probate

Updated 20 August 2026 · 7 minute read

If the estate is modest — no solely-owned real estate, balances under the banks' thresholds — you may never need a court at all. This is the guide to the informal route: what institutions accept instead of probate, and the few traps in it.

The informal route, institution by institution

The paperwork of the informal route

You'll assemble the same small kit repeatedly: certified death certificate, certified will (or next-of-kin evidence), certified ID, plus each institution's own release/indemnity form — in which the person receiving funds promises to repay if someone with a better claim appears. That promise is real: don't sign indemnities casually in a family with any tension.

The maths of skipping probate

Filing fees are $0 for small estates in NSW (under $100k), VIC (under $250k) and the ACT (under $50k) — but solicitor costs aren't. If only one mid-sized account stands between the estate and the informal route, ask that bank's deceased estates team what they'll accept before paying anyone to file.

State small-estate schemes

Most states also have formal shortcuts: registrar assistance for small estates in Victoria, elections to administer by Public Trustees (Tasmania's costs $150.92), and Public Trustee administration of modest estates in SA and the NT. These suit estates with no willing family administrator — the trade-off is the trustee's fees.

When waiting beats filing

Some 'assets' resolve themselves: refunds arrive, final wages are paid to the estate, small policies pay out on documents alone. If nothing forces a grant — no property, no over-threshold account — many families simply administer informally over a few weeks. The one discipline that matters: keep every receipt and a simple ledger, exactly as a formal executor would. The checklist works for informal administrators too.

One asset blocking the informal route?

A grant-only fixed fee is cheaper than you think, and the rest of the estate can proceed informally around it.

Get fixed-fee probate quotes
Is there one national 'small estate' threshold?

No — it's institution by institution. The phrase 'small estate' has no single legal meaning in Australia.

Can Centrelink or the ATO force probate?

Rarely. Final tax returns are lodged by the executor or next of kin without a grant in modest estates.

What about an estate that's basically just a car and furniture?

Transfer the car through the state registry, distribute belongings by agreement, keep a note of who took what. No court required.

Sources

  • Bank and registry deceased estate requirements (August 2026)
  • State Public Trustees — small estate administration and elections to administer
  • Aged care RAD refund rules — Department of Health and Aged Care