Probate

What is probate, in plain terms?

It's an order from the Supreme Court confirming a will is valid and that the executor has authority to deal with the estate. Banks, share registries and land titles offices often won't release or transfer assets without it.

Do I always need probate?

No. It depends on what the deceased owned and the rules of the institutions holding those assets. A grant is often needed where there's property or significant assets held in the deceased's sole name, and often not needed for small estates or assets that pass automatically, like a jointly owned home. Tell us what's in the estate and we'll tell you whether you need it.

Where do I apply for probate?

To the Supreme Court of the state or territory where the deceased lived or held their assets. The process, the forms and the requirements vary from state to state, which is one of the main things we help you get right.

What happens if there was no will?

Then the person died intestate and there's no will to recognise, so probate doesn't apply. A close relative applies instead for letters of administration, and the estate is shared out under that state or territory's intestacy rules. Call before anyone applies — getting the right person to apply matters.

Do I have to advertise before applying?

In most states and territories, yes. You usually have to publish a notice of intention to apply and wait a set number of days before you can lodge. Where you advertise and how long you wait depends on your state — we can tell you exactly what's required.

How long does probate take?

The grant itself often comes through within weeks of lodging a correct application. But administering the whole estate — collecting assets, paying debts and distributing it — commonly takes many months, sometimes a year or more for larger estates.

Is calling Legal Hotline really free?

Yes. The information line is free and open 24 hours a day, 7 days a week. Call any time to understand what's needed in your situation — no cost, no obligation.