When someone dies, their executor usually can't just walk into a bank and start dealing with their assets. Most banks, share registries, and land titles offices want proof that the will is valid and that the person in front of them actually has legal authority to act. That proof is called a grant of probate.
If you've been named an executor, or you're planning your own estate and want to spare your family unnecessary delay, understanding probate — what it is, when it's needed, and how long it really takes — is essential.
What Is Probate?
Probate is a grant issued by the Supreme Court in the state or territory where the deceased person lived. It formally recognises that the will is valid and confirms the executor's legal authority to collect the deceased's assets, pay their debts, and distribute the estate according to the will.
Without probate, asset holders — banks, superannuation funds, share registries, the Land Titles Office — are taking a risk if they release funds or transfer property to someone claiming to be the executor. A grant of probate removes that risk and gives everyone confidence that the right person is acting.
If the deceased died without a valid will, there's no executor to grant probate to. Instead, the court issues letters of administration to the next of kin, following the strict intestacy rules that apply when there's no will.
Do You Always Need Probate?
Not always. Whether probate is required depends mainly on what the deceased owned and how it was held:
- Small estates with modest bank balances — some banks will release funds under a certain threshold (often a few thousand to $50,000, depending on the institution) without probate, on presentation of the death certificate and will
- Jointly owned property and joint bank accounts — assets held as joint tenants generally pass automatically to the surviving owner by survivorship, bypassing probate entirely
- Superannuation death benefits — these are usually paid according to the fund's rules and any binding nomination, not through the will, so probate often isn't needed to access them
- Estates with real property held solely in the deceased's name, or larger share portfolios — these almost always require probate before they can be sold or transferred
As a rule of thumb: the larger and more complex the estate, the more likely probate will be required. Asset holders will tell the executor what they need — sometimes it's simply a certified death certificate, and sometimes it's a full grant.
The Probate Process, Step by Step
While the exact forms differ between states and territories, the process generally follows the same sequence everywhere in Australia:
- 1. Locate the will and identify the estate — the executor gathers the original will, the death certificate, and a full picture of the deceased's assets and liabilities
- 2. Publish a notice of intended application — before lodging the application, the executor must publish an online notice giving the public (particularly creditors and anyone who might contest the will) at least 14 days' notice
- 3. Lodge the application with the Supreme Court — this includes an affidavit from the executor, the original will, the death certificate, and an inventory of the estate's assets
- 4. The court reviews the application — if everything is in order, this typically takes four to eight weeks; incomplete or unclear applications attract court requisitions (queries) that can add weeks or months
- 5. The grant is issued — once granted, the executor can use it to deal with banks, super funds, share registries, and the Land Titles Office
How Long Does the Whole Process Take?
For a straightforward estate with a clear, uncontested will, most Australians can expect a grant of probate within six to twelve weeks of lodging the application. Processing speed varies a little by state — Victoria and Queensland tend to be on the faster end, at around four to eight weeks, while other jurisdictions and busier periods can push this out further.
Getting the grant, however, is only the first stage. Before an executor can safely distribute the estate, most solicitors recommend publishing a notice of intended distribution, giving creditors and potential claimants (such as someone considering a family provision claim) a further window to come forward. Once that notice has run its course — and at least six months has passed since the date of death — the executor can distribute with much greater protection from personal liability.
Taking the whole picture together — obtaining probate, calling in assets, paying debts and tax, and safely distributing — most estates in Australia take somewhere between six months and a year to fully administer. Larger estates, contested wills, overseas assets, or a business interest can extend this considerably.
What Slows Probate Down?
The single biggest cause of delay is an incomplete or inconsistent application. Common culprits include:
- An original will that can't be located, or one with unexplained markings or staple holes
- Inconsistencies between the will and the executor's affidavit
- Missing or incorrect asset valuations
- Disputes between beneficiaries, or a caveat lodged against the estate
- A family provision claim, where someone argues they haven't been adequately provided for
Most of these delays are avoidable. Keeping your original will safe, current, and easy for your executor to find — along with clear records of your assets — is the single most effective thing you can do to prevent your own estate getting stuck in avoidable requisitions.
How to Make Probate Easier for Your Executor
You can't remove every source of delay, but you can remove the ones caused by disorganisation. Before probate is ever needed, make sure your executor knows:
- Where your original, signed will is kept
- A full list of your assets — bank accounts, super, property, shares, and business interests
- Details of any debts or liabilities
- Who your solicitor and accountant are
This is exactly the gap Custodium Vault is built to close. Instead of your executor searching through drawers and old emails at the worst possible time, your will, asset details, and key documents are stored securely in one place, with controlled access for the people who'll need them. Combine that with life insurance already earmarked for immediate expenses, and your family can move through probate without the added stress of not knowing where to start. See our plans.
The Bottom Line
Probate isn't something to fear — it's simply the legal step that lets your executor act with authority and confidence. The best way to keep it fast and simple is preparation: a current will, a clear picture of your assets, and documents your executor can actually find.
This article is general information only and does not constitute legal advice. For advice specific to your situation, speak with a qualified Australian estate planning lawyer. Our estate planning team can help you prepare a will and estate plan designed to make probate as smooth as possible for the people you leave behind.