What is probate?
Updated 20 August 2026 · 6 minute read
Probate is the Supreme Court's official confirmation of two things: that a will is valid, and that the executor named in it has authority to deal with the dead person's assets. The court's stamp — called a grant of probate — is what banks, land registries and share registries rely on before they hand anything over.
Why probate exists
When someone dies, their bank has a problem: it holds money that belongs to a person who can no longer instruct it, and it faces real liability if it pays the wrong person. Probate solves that. Once the court has examined the will and granted probate, every institution can safely deal with one person — the executor — knowing the court has checked their authority.
That's all a grant is: proof of authority. It doesn't distribute the estate, pay the bills or find the assets. The executor still does all of that — the grant is the key that opens the doors.
Probate is state-based. Each state and territory's Supreme Court issues its own grants, sets its own fees and runs its own process — which is why this site has a page for each state.
When it's required — and when it isn't
There is no law saying every estate needs probate. Whether you need it depends on what the person owned and how they owned it:
- Solely-owned real estate — the titles office will require a grant before the property can be transferred or sold
- Bank accounts above the bank's threshold — most big banks require a grant above $100,000; smaller balances are released with certified documents
- Shares above the registry's threshold — commonly $15,000–$25,000 per holding
- Jointly-owned assets — pass automatically to the survivor, no probate needed
- Superannuation and life insurance — usually paid directly by the fund, often without a grant
Roughly half of Australian estates are administered without any grant at all. Before doing anything else, work through Do I need probate? — it has a 60-second checker.
Probate, administration and reseals
Three cousins you'll see mentioned:
- Grant of probate — there's a valid will and the named executor applies
- Letters of administration — there's no will (or no executor able to act), so the court appoints an administrator, usually the closest next of kin. Full guide
- Reseal — a grant from one state (or some overseas courts) is 're-sealed' in another state where the deceased also held assets
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Get fixed-fee probate quotesCommon questions
Is probate the same as reading the will?
The dramatic 'reading of the will' is a movie invention. In practice the executor gets a copy to beneficiaries, and probate is a paperwork process with the court — nobody gathers in a lawyer's office.
Does the will have no effect until probate?
The will speaks from death — the executor's authority technically starts then. Probate is the court confirming that authority so third parties will act on it.
How long does a grant take?
Between two weeks and a couple of months depending on your state and the registry's workload — see current wait times.
Do I need a lawyer to get probate?
No — every state allows self-applications, and executors of simple estates do it regularly. Most people use a fixed-fee firm when the estate includes property or any complexity.
Sources
- Supreme Court probate registries — NSW, VIC, QLD, WA, SA, TAS, ACT, NT
- Probate and Administration Act 1898 (NSW) and state equivalents