Applying For Probate In Australia
If your loved one created a Will, you may need to apply for Probate. Generally the executor nominated in the Will applies for Probate to the Court.
What is Probate?
Probate can be described as the keys to the deceased estate. Probate gives you:
- Access to the deceased’s assets. You have the right to sell or transfer real estate, money in the bank accounts, shares, retirement bond, etc.
- Access to information held about the deceased with organisations such as super funds, retirement village bonds, ATO, banks, companies etc. After the death of a loved one, it can be difficult to get information from organisations without obtaining Probate.
What's The Process For Probate?
Probate applies if the deceased left a Will. If there’s no Will, then see our Letters of Administration section.
The executor of the Will (either the primary or the backup executor) apply to obtain Probate.
The Probate application is made to the Court. Once the Court approves the application, it sends the executor an official court document (the grant of probate) which the executor can use to access the deceased’s assets and information.
The Letters of Administration application is made to the Court. Once the Court approves the application, it sends an official court document (the grant of letters of administration) to the administrator. After that, the administrator gets access to the deceased’s assets and information.
The executor then makes sure the assets are distributed to the beneficiaries under the Will.
When Do You Need Probate?
Probate is not always needed in every case. Probate is usually required if any of the following apply:
- The deceased has significant money in a sole bank account (usually $20,000 to $50,000+).
- The deceased owned real estate in their sole name or as tenants in common.
- The deceased owned significant shares in their sole name (usually $20,000+).
- An organisation such as a super fund, ATO, life insurance provider etc, requires Probate to release funds.
- You cannot cash a cheque because your bank requires Probate to be obtained (e.g a cheque for a retirement village bond).
Not Sure What You Need?We Can Help
Our expert team at MKI Legal can assist you with any questions about your loved one’s Deceased estate or getting your legal affairs in order before you pass away.
A Free App To Help With Deceased Estates
Download our free app to help you understand what to do after a loved one has died. A step-by-step guide, save estate assets, keep track of expenses and more. Written by expert estate lawyers.
MKI Legal has been featured in
OurLegal TeamAre Here To Help
Estates Plus is operated by the law firm, MKI Legal, so you can trust that a lawyer will be involved in the process to ensure your documents are done correctly.
Why UseEstates Plus ?
Frequently Asked Questions
We’re here to help you navigate through the loss of a loved one
Once the documents are lodged with the Court, it usually takes 3 to 6 weeks for the Court to review and approve your documents.
These time frames are estimates and there could be delays depending on how busy the court is and if the court has further questions (called requisitions).
Yes. Once you have approved the final version of the documents, we can post them to you (at no further charge).
Yes, once you get the grant documents (e.g probate or letters of administration), you have the right to be reimbursed for your out-of-pocket expenses such as our fees and the court filing fees.