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.
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Have a chat with our legal team to make sure you’re on the right track. We can answer your questions about the process and what to do next.
We prepare all the legal documents you need, tailored to your unique circumstances. The documents are finished and ready to file. You don’t need to fill in anything or edit them.
We’ll email (or post) your documents with full step-by-step instructions on how to sign and lodge with the Court. Once everything is approved, the court will post your grant to you. You can then access the superannuation money, bank funds and real estate etc.
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?Free Discussion
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. Our free no-obligation discussion can help get you make the right decision.
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Check if you need to apply for Probate
Understand the steps involved
We prepare it, you lodge it
Deceased created a Will
Executors (or back-up) apply
Standard Probate documents
Documents ready-to-lodge with Court
Step-by-step guide on what to do
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Legal guidance with administering the estate (work after grant issued)
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All required documents prepared
We lodge with Court for you
We communicate with beneficiaries & creditors
We make sure you do everything right, to reduce your liability.
We help you until you've finished everything required.
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Frequently Asked Questions
We’re here to help you navigate through the loss of a loved one
It’s free to chat to our legal team.
Call us on 1300 967 552, start an online chat (by clicking the bottom right hand of screen) or leave your details and we will call you.
We guarantee that your probate documents will be correctly prepared based on the information you provide.
We will give a full money refund should it turn out that Estates Plus is not suitable for your circumstances, provided our documents are not lodged with the court, signed or used in any way.
Estates Plus can have your documents prepared within about 5 business days after getting all the information from you.
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.