What is probate and how does the process work?
When a loved one dies, there are certain things you may be required to do in order to take care of their estate. In some cases, obtaining a grant of probate is one of those steps. So how does probate work?

When a loved one dies, there are certain things you may be required to do in order to take care of their estate. In some cases, obtaining a grant of probate is one of those steps. So how does probate work?
What is probate?
Probate is a legal process that’s sometimes required to validate a deceased person’s will so their wishes can be carried out by any executors named in the will. The ‘executor’ of a will is the person chosen to carry out or ‘execute’ a deceased person’s wishes, and will take responsibility for administering the deceased person’s estate, making sure any debts are paid and distributing remaining assets as detailed in the will.
A ‘grant of probate’ is a court’s official recognition that a will is valid and the nominated executor (or in some cases, multiple executors) are responsible for dealing with the deceased person’s estate. The rules and requirements of how probate works can vary across Australia’s states and territories.
When is probate required?
Probate may be required when the executor of a will needs to access certain assets of the deceased person that are to be distributed in accordance with their will. For example, if there is money in a bank account and the deceased was the sole account holder, the financial institution may ask for a grant of probate before they will release the funds to an executor.
This is generally only required if the money in the account is above a certain amount. For small amounts, other documents, such as a copy of the death certificate and the deceased person’s will, may be enough for the financial institution to release the money.
Each financial institution will likely have its own policy regarding deceased estates so it may be worth checking with them to see what they require. Similarly, if the deceased person held a large number of shares, the company or trading platform where the shares are held may require a grant of probate before it will release the shares.
A grant of probate is generally required before a deceased person’s real estate can be transferred to someone else. This may not be necessary if the deceased owned the real estate jointly with another person who is still alive. For example, the Supreme Court of New South Wales says in such cases the ownership would transfer to that surviving joint owner and no probate would be needed.
You may need to apply for probate in other circumstances, for example, if a person’s will is contested.
Bear in mind that probate is administered slightly differently across Australia’s states and territories, so you may want to check with your local Supreme Court or obtain some independent legal advice to confirm what rules apply.
Do I need probate to make a life insurance claim?
A grant of probate may not be required as part of a life insurance claim process for a policy held by the deceased person. That’s because a life insurance policy typically isn’t included as part of a deceased person’s estate. Instead, the policy usually includes specific instructions about who will receive any benefit in the event of a successful claim.
If no one is named in the policy then a grant of probate may be required to help clear up how any benefits are to be distributed. An insurer may still require the person making the claim to provide documents. These could include a death certificate, birth certificate, Medicare records and medical records from the policyholder’s doctor or doctors.
Tailor your protection to suit your needs
Get a quote online in less than 5 minutes
Canstar Outstanding Value Insurance 10 Years Running
Apply online
Fully underwritten cover. Issued by NobleOak.
Consider the PDS & TMD at rac.com.au/life
No medicals or blood tests needed to apply.
Australian residents aged 18-55 can apply.
Get cover quickly: apply in 15 minutes.
With no medical or blood tests needed to apply.
Canstar may earn a fee for referrals from its website tables, and from Sponsorship or Promotion of certain products. Fees payable by product providers for referrals and Sponsorship or Promotion may vary between providers, website position, and revenue model. Sponsorship or Promotion fees may be higher than referral fees. Sponsored or Promotion products are clearly disclosed as such on website pages. They may appear in a number of areas of the website such as in comparison tables, on hub pages and in articles. Sponsored or Promotion products may be displayed in a fixed position in a table, regardless of the product’s rating, price or other attributes. The table position of a Sponsored or Promoted product does not indicate any ranking or rating by Canstar. For more information please see How We Get Paid.
Who can apply for probate?
In most cases, only the executor of a will can apply for probate. In some Australian states and territories, the applicant must also be over 18 years of age to apply. You may want to appoint a solicitor to help with the application and deal with the court throughout the process. This is not mandatory, but it may be a good idea if you’re not sure whether you should apply for probate, or if you think you may need some assistance.
How do you apply for probate?
The process of applying for probate differs in each Australian state and territory so you may want to check with your local court or seek legal advice relevant to your location.
If the deceased person had assets in more than one state or territory – for example, had a property in Victoria and in New South Wales – you may need to apply for a grant of probate in each location. You may be able to apply for a “reseal of a grant” if probate has already been granted in another state or territory, or certain countries.
You are generally required to publicise your intent to apply for probate at least 14 days before you make your application. This can usually be done online via the relevant supreme court website or some other online registry.
You will need to check what documentation you need to accompany your application and any relevant fees.
When do you have to pay probate?
Not all wills will require probate in Australia. While the precise rules can differ from state to state, generally speaking, you will only need to apply for a grant of probate if the assets are owned solely by the person that has died, and are over a certain amount.
What are the rules for probate in Australia?
Below, you can find links to more information about how the probate process works in each state and territory.
Applying for probate in the ACT
- The Supreme Court of the Australian Capital Territory – Probate, Administration, Reseal of Foreign Grant
Applying for probate in New South Wales
- The Supreme Court of New South Wales – Applying for a grant of probate
Applying for probate in the Northern Territory
- The Supreme Court of the Northern Territory – Wills & probate
Applying for probate in Queensland
- The Queensland Courts – Wills and probate
Applying for probate in South Australia
- The Courts Administration Authority of South Australia – Probate
Applying for probate in Tasmania
- The Supreme Court of Tasmania – Probate
Applying for probate in Victoria
- The Supreme Court of Victoria – Wills and probate
Applying for probate in Western Australia
- Supreme Court of Western Australia – Wills & probate
Cover image source: Olena Yakobchuk//Shutterstock.com
This article was reviewed by our Editor-in-Chief Nina Rinella before it was updated, as part of our fact-checking process.

Alasdair Duncan is Canstar's Content Editor, specialising in home loans, property and lifestyle topics. He has written more than 500 articles for Canstar and his work is widely referenced by other publishers and media outlets, including Yahoo Finance, The New Daily, The Motley Fool and Sky News. He has featured as a guest author for property website homely.com.au.
In his more than 15 years working in the media, Alasdair has written for a broad range of publications. Before joining Canstar, he was a News Editor at Pedestrian.TV, part of Australia’s leading youth media group. His work has also appeared on ABC News, Junkee, Rolling Stone, Kotaku, the Sydney Star Observer and The Brag. He has a Bachelor of Laws (Honours) and a Bachelor of Arts with a major in Journalism from the University of Queensland.
When he is not writing about finance for Canstar, Alasdair can probably be found at the beach with his two dogs or listening to podcasts about pop music. You can follow Alasdair on LinkedIn.
Try our Life Insurance comparison tool to instantly compare Canstar expert rated options.