You’ve been named executor of a loved one’s Will. Suddenly you’re responsible for navigating legal processes you may never have encountered before. Banks won’t release funds. Property can’t be transferred. Beneficiaries are asking when they’ll receive their inheritance. And somewhere in the middle of all of this, someone mentions you need to “get probate.”

What does that actually mean? Do you need it? How long will it take? And what will it cost?

This guide answers all of those questions in plain English so you can move forward with confidence.

What is a Grant of Probate?

Probate is the official recognition by the Supreme Court that a Will is legally valid.

A Grant of Probate is a document certifying that the Supreme Court recognises the document presented as the last valid Will of the deceased, and that the executor now has the authority to deal with the estate’s assets and liabilities. It also acts as formal proof of death when dealing with third parties such as banks, share registries and land registries.

With a Grant of Probate, the executor is authorised to:

Collect the deceased person’s assets
Pay any debts of the deceased
Distribute the remaining estate to beneficiaries as directed by the Will

Without it, many organisations simply won’t act, leaving the estate in limbo and beneficiaries waiting.

Call us on 1300 654 590 or email us if you’ve been appointed as executor and aren’t sure where to start.

Do you actually need to apply for probate?

Not always. Whether probate is required depends on the nature of the deceased’s assets and who holds them.

The main reason probate is required is that some organisations such as banks, share registries or land titles offices won’t release assets or record a transfer to the executor unless they’ve first sighted a Grant of Probate from the Supreme Court. The threshold varies between institutions and between states.

As a general guide, probate is likely required where the estate includes:

Real estate held solely in the deceased’s name
Significant bank or investment account balances (thresholds vary by institution)
Shares held on a share registry
Other assets where the holder requires court authority before releasing funds

Where assets are jointly held (such as a jointly owned property passing by survivorship), or where the estate is small and institutions are willing to release funds without a grant, probate may not be necessary.

If you’re unsure whether probate is required for your situation you can read our full guide here, or we can help you make that assessment quickly. Call us on 1300 654 590 or email us for a no-obligation discussion.

What documents do you need to apply for probate?

Before applying for a Grant of Probate, you’ll need to gather a number of documents to provide a complete picture of the estate’s assets and liabilities.

Essential documents

Original Will (the original document, not a copy)
Death Certificate (original)

Records of assets and their value at date of death

Bank statements
Share dividend statements
Superannuation fund statements
Property title references
Motor vehicle registration papers
Details of household effects (insurance documents or purchase receipts)
Copies of any agreements where the deceased was owed money (loan agreements, mortgages)

Records of liabilities

Credit card statements
Mortgage statements
Copies of any agreements where the deceased owed money to others
Outstanding bills as at the date of death

Once gathered, keep documents in order and stored securely. The original Will (and sometimes the original Death Certificate) must be submitted to the Probate Registry with the application.

If documents can’t be located after a thorough search, we can advise you on how to obtain them or work around their absence. Call us on 1300 654 590 or email us and we’ll help you get on the right track.

Tip to keep costs down: Getting all documents to us quickly and in one organised package reduces the time we spend chasing information, directly reducing your legal costs.

How long does probate take?

The time it takes to obtain a Grant of Probate varies depending on the circumstances of the estate and the workload of the Probate Registry. There are two distinct stages:

Stage 1: Preparation and lodgement

This stage involves gathering documents, preparing the probate application, and lodging it with the Probate Registry. Some factors that determine how quickly the application can be prepared include:

Complex estates with multiple properties, business interests, missing documents, or a Will that requires explanation will take longer. We’ll give you a realistic timeframe once we understand your specific circumstances.

Stage 2: Processing by the Probate Registry

Once lodged, the application is processed by the Probate Registry (a division of the Supreme Court). This timeline is largely outside our control and depends on the volume of applications being processed at any given time. Some Probate Registries publish estimated processing times (for example, you can check processing times in New South Wales on the Supreme Court’s website).

We actively manage this stage by monitoring your application’s progress and responding promptly to any queries the Registry raises (called ‘requisitions’). The sooner a Grant is obtained, the sooner assets can be distributed, so we work hard to keep things moving.

What does probate cost?

We’re transparent and straightforward about costs, and flexible in how much assistance you need.

Some executors prefer to manage the process themselves and simply use us for guidance and document preparation. Others want us to handle everything from start to finish. We offer fixed-fee probate services, so you know exactly what you’re paying before we start.

Factors that influence cost include the complexity of the estate, the number of assets and liabilities to be documented, whether documents are readily available, and whether any complications arise during the application process.

The most effective way to keep costs down is to gather your documents thoroughly and provide them to us in one go. The more organised your paperwork, the less time we spend on administration.

For a clear outline of our fixed-fee probate services and pricing, call us on 1300 654 590 or email us for a no-obligation discussion.

How we can help

Being an executor is one of the most significant responsibilities you can be asked to take on, and it often arrives at the most difficult time, when you’re grieving and under pressure from beneficiaries.

We take the legal complexity off your plate, keep you informed at every step, and work as quickly as possible to help you finalise the estate and bring closure to everyone involved.

Whether you need a full-service probate application or simply guidance on whether probate is required in the first place, we’re here to help. Our process is efficient, our communication is clear, and our fees are fixed wherever possible.