What is probate, and why does my inheritance depend on it?
Probate is one of those words that comes up constantly in estate matters but is rarely explained clearly. If an executor has told you they are "waiting for probate", or a bank has told you they can't release funds "until probate is granted", it helps to understand what's actually happening and why it matters for when you receive your inheritance.
What is probate?
Probate is a formal court order called a “grant of probate” issued by the Supreme Court of the state where the deceased was domiciled. The grant does two things: it confirms that the will is valid, and it authorises the person named as executor to act on behalf of the estate.
Once probate is granted, the executor has legal standing to collect the estate's assets, pay its debts, and distribute what remains to the beneficiaries.
Why is probate needed?
Banks, share registries, superannuation funds, and land titles offices need certainty that they're dealing with the right person before they release assets. A grant of probate provides that certainty. Without it, these institutions won't transfer assets even if the executor is clearly named in the will.
Probate is a protection mechanism. It protects the institutions releasing assets, and it protects beneficiaries from someone acting on a forged or superseded will.
When is probate required?
Not every estate needs probate. Small, simple estates, say, a deceased with only a modest bank balance and no property, can often be administered without a grant, using an indemnity or statutory declaration process at the bank.
Probate is typically required when the estate includes:
- Real estate in the deceased's sole name
- Bank balances above the institution's threshold (usually $20,000 to $50,000, varies by bank)
- Share portfolios or managed funds
- Some superannuation death benefits (where the fund requires it)
The executor usually applies for probate as soon as reasonably possible after death often within 6 to 12 weeks, once the death certificate is available and the will has been located.
How long does probate take? State-by-state
Every state and territory has its own Supreme Court probate registry, and processing time varies depending on the state:
| State / territory | Court | Typical grant timeframe | How fees are set |
|---|---|---|---|
| New South Wales | Supreme Court of NSW | 4–6 weeks | Scaled to the value of the estate |
| Victoria | Supreme Court of Victoria | 4–8 weeks | Scaled to the value of the estate |
| Queensland | Supreme Court of Queensland | 4–8 weeks | Scaled to the value of the estate |
| Western Australia | Supreme Court of WA | 3–6 weeks | Scaled to the value of the estate |
| South Australia | Supreme Court of SA | 4–6 weeks | Scaled to the value of the estate |
| Tasmania | Supreme Court of Tasmania | 4–8 weeks | Scaled to the value of the estate |
| ACT | Supreme Court of the ACT | 4–8 weeks | Scaled to the value of the estate |
| Northern Territory | Supreme Court of the NT | 4–8 weeks | Scaled to the value of the estate |
These timeframes assume a straightforward, uncontested application in each jurisdiction. Missing documents, unclear witnessing, or objections lodged by other parties can extend the timeline significantly — regardless of which state the estate is administered in.
Who applies for probate?
The executor named in the will applies. If there are multiple executors, they usually apply jointly, though one can apply with leave reserved for the others. The application is made to the Supreme Court of the state where the deceased was domiciled, the executor's state doesn't matter.
Most executors instruct a solicitor to prepare the application, though it's possible to apply as a self-represented executor. Court fees vary from $60 to $6,000 depending on the estate's size and the state, and solicitor's fees typically add several thousand dollars more.
What if the deceased had assets in more than one state?
The executor applies for probate in the state where the deceased was domiciled. To deal with assets in other states, they apply for a reseal of the grant in each additional state where property is located. Resealing is generally faster than a fresh probate application but adds cost and time.
For a plain-English explanation of the other terms that come up during probate — executor, administrator, intestacy and more — see our estate and probate terms glossary.
Frequently asked questions
How much does probate cost in Australia?
Court filing fees range from about $60 (for small estates in some states) to $6,000+ for large estates. Solicitor's fees for a straightforward probate application typically run $2,000 to $5,000. These costs are paid by the estate.
Can I get money from the estate before probate is granted?
Not from the estate directly, as the executor doesn't have authority to distribute before the grant. However, an inheritance advance can be obtained during the probate period, based on your confirmed entitlement under the will.
What happens if probate is refused?
The court can refuse a grant if the will is invalid, ambiguous, or contested. This is rare. Where the court has concerns, it usually requests further evidence rather than refusing outright.
How long does the whole process take, not just probate?
From death to final distribution is typically 9 to 12 months. Probate itself is 4 to 8 weeks of that. See our full guide on estate settlement timelines.
Waiting on a grant of probate? An Inherita advance can bridge the gap between now and when the estate distributes — assessed on the will, not your income.
Check your eligibility →