Sometimes it’s not necessary to apply for a Grant of Probate when you are dealing with a deceased estate. We always recommend taking some time to work out whether it’s needed.
A key reason that Probate is required is that some organisations require evidence of a Grant of Probate before they give the executor access to the deceased’s assets. This means the assets will not be released to the executor for distribution to the beneficiaries until the Grant of Probate has been obtained.
We can help you to quickly identify whether you need to spend the time and cost to get a Grant of Probate.
If you want to talk, you can also call us on 1300 654 590 or email us.
Otherwise, if you feel like a quick primer on the relevant issues, then keep reading…
When is Probate Unnecessary?
No Will
‘Probate’ is the process by which the Supreme Court gives the executors of an estate the power to distribute assets to beneficiaries. If you want to know more about this process, read more here.
If the deceased does not have a Will, you do not need a Grant of Probate. However, you may still need to apply for ‘Letters of Administration’. It’s a little bit of a different process, but it effectively achieves the same thing.
If you need help dealing with an estate where there is no Will, call us on 1300 654 590 or email us and we will be happy to help.
Jointly held property
Probate (or Letters of Administration) will not be required for any of the deceased’s assets that are held as ‘joint tenants’ with another person, (but not ‘tenants in common’). For example, people often hold their family home as joint tenants with their spouse. The deceased’s interest in the jointly held asset will automatically passes to the ‘surviving joint tenant’, without probate being required.
For example, if a husband dies (survived by his wife), and his bank accounts, motor vehicles and family home are all held in joint names (as joint tenants), Probate or Letters of Administration will not be required.
TRAP! If real property is held as tenants-in-common, Probate will be required because the deceased’s interest does not naturally pass to the other tenant(s). Real property owned other than as joint tenants will always require Probate.
Low value assets
An estate can sometimes avoid having to obtain Probate or Letters of Administration when the only assets of the deceased are of a low value, such as small share parcels or bank accounts.
Each financial institution and share registry has its own low-value ‘cap’, being the value that the asset must reach before it considers that Probate or Letters of Administration are required to transfer ownership of the asset.
Once again, in order to transfer low-value assets it is generally necessary to prove that you would be the person administering the estate if Probate or Letters of Administration were granted and that the owner has died. Each organisation will have its own requirements but it usually means providing a copy of the Will (if any) and the death certificate.
Please call us on 1300 654 590 or email us if you would like our assistance to deal with the low value assets in an estate.
How can I work out if Probate is needed?
In order to decide whether Probate or Letters of Administration is required, we recommend the following strategy:
Step 1:
Compile a list of all the assets owned in the deceased’s name, and record:
- How they are held (e.g. solely, jointly, as tenants in common, etc);
- Where they are held (e.g. the name of the bank, the share register, the property address, etc);
- The current market value of each asset; and
- Whether there are any associated liabilities.
Call us on 1300 654 590 or email us for assistance if you are not sure how to identify the assets and liabilities, or determine any of these features.
Step 2:
If some assets are held in the sole name of the deceased, or as tenants in common (i.e. not joint tenants), then each organisation where those assets are held should be contacted to determine their ‘deceased estate transfer policy’.
If the value of the assets held with each organisation is under their low value threshold or cap, then Probate or Letters of Administration may not be required.
Otherwise, the relevant organisation should inform you what they require in order to deal with the relevant assets.
If the estate includes high value assets or real estate (e.g. a family home) which is not held in joint names, then Probate or Letters of Administration will be required before estate assets can be released to the executor to distribute to the beneficiaries.
Call us on 1300 654 590 or email us if you need some assistance to find out an organisation’s ‘deceased estate transfer policy’ or if you’d like us to deal with them on your behalf.
Step 3:
If you are still not sure whether Probate or Letters of Administration is needed, speak to a lawyer. Sometimes there are more complicated types of assets (for example, assets relating to companies and trusts) that may require further advice and consideration.
Once it is clear what is required, your lawyer can commence the legal process to apply for Probate or Letters of Administration.
If Probate or Letters of Administration is required, then contact us on 1300 654 590, email us or click here to find out more about how we can help you. Our team of experienced probate lawyers will give you straight answers and clear guidance, so you can move forward with confidence.
A final note
If assets were held by the deceased as a joint tenant or do not require a Grant of Probate or Letters of Administration to be dealt with, you will still need to take steps to deal with those assets. For example, it may be necessary to lodge a form with the relevant Land Registry to record the passing of the joint interest of a property to the surviving owner. Banks and other organisations will likely also require forms and information to be provided to deal with assets and close accounts.
We can usually help you with these steps with little fuss. Please call us on 1300 654 590 or email us if you would like us to assist you with this process.
The information contained in this post is current at the date of publishing – 8 October 2026.