What Is Probate in Australia? A Simple Guide for Executors (2026)
If you've been appointed executor of a Will, you may have heard the term probate.
But what exactly is it?
Probate is a legal process used by the relevant court to confirm the validity of a Will and the authority of the executor to administer the estate.
Importantly, not every estate requires probate.
For example, the Supreme Court of Victoria says whether a grant is required depends on factors including the value and type of assets and the requirements of the institutions holding them.
What Is a Grant of Probate?
A grant of probate is a court-issued document confirming that the Will is valid and that the executor named in the Will can act.
Once granted, it can allow the executor to deal with assets held by the deceased, including certain bank accounts and property.
Does Every Estate Need Probate?
No.
This is one of the most common misconceptions.
Some estates can be administered without a formal grant.
Whether probate is required can depend on:
The assets involved
Their value
How they are owned
The requirements of banks and other institutions
The jurisdiction involved
The Supreme Court of Victoria specifically notes there is no automatic requirement to apply for probate.
What If There Is No Will?
If someone dies without a valid Will, probate isn't the appropriate grant.
An eligible person may instead need to apply for letters of administration.
In Victoria, this is generally handled by a close relative or next of kin who is entitled under the intestacy rules.
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What Happens If You Die Without a Will in Australia?
How Long Does Probate Take?
There isn't one universal timeframe across Australia.
In Victoria, the Supreme Court says applications generally take several weeks, and an application can only be lodged after the required advertisement has been published for at least 15 days. Once filed, the Probate Office says applications usually take 5–10 working days to be reviewed.
The overall estate administration can take much longer.
The ATO notes that finalising a deceased estate typically takes 6–12 months, although it can take longer.
What Does the Executor Do After Probate?
The executor generally needs to:
Identify the deceased's assets.
Identify debts and liabilities.
Deal with financial institutions.
Arrange payment of debts.
Deal with tax matters.
Sell or transfer assets where appropriate.
Distribute the estate.
The Supreme Court of Victoria describes the core process as gathering assets, paying debts and distributing the remaining assets.
👉 Read:
Executor Responsibilities Explained
Have You Been Appointed Executor?
Being an executor can involve considerably more work than many people realise.
Understanding the estate, superannuation, tax and retirement assets can help you understand what needs to happen next.
👉 Book A Consultation Today
What About Superannuation?
Superannuation needs to be considered separately from many estate assets.
The way a superannuation death benefit is paid depends on the circumstances and beneficiary arrangements.
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