Do I Need Probate? A Plain English Guide for Australian Executors

Have a question about this? Ask the Guide → the chat widget at the bottom-right of this page can answer it. Reading time: 7 minutes | The Executor’s Guide — Plain English. Step by step. Written for the person who just found out.

In Queensland? See the step-by-step guide to applying for a grant of probate in QLD.

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One of the first questions every executor asks is: do I actually need to go through the probate process? The answer depends on what the deceased owned, how they owned it, and which financial institutions are involved. This guide covers the rules clearly so you can make an informed decision before spending time on court applications that may not be required.

What Is Probate?

Probate is a formal court process in which the Supreme Court of the relevant state or territory confirms that a will is valid and that you, the named executor, have legal authority to deal with the deceased’s assets.

The outcome is a document called a Grant of Probate. This document is what banks, share registries, the Land Titles Office, and other institutions require before they will transfer or release assets to you.

Without a Grant of Probate, most institutions will not act on your instructions — regardless of whether you are named as executor in the will.

When You Almost Always Need Probate

The deceased owned real property in their sole name

If the deceased owned a house, unit, land, or any other real property in their name alone, you will need probate before the Land Titles Office will register a transfer. There are no significant exceptions to this rule.

If the property was owned jointly as joint tenants, it passes automatically to the surviving owner by right of survivorship. No probate is required for that property — you lodge a survivorship application instead.

If the property was owned as tenants in common (each person owns a defined share), the deceased’s share does not pass automatically — probate will be required.

The estate has significant bank accounts or investments

Most Australian financial institutions require a Grant of Probate before releasing funds in a sole account above their threshold. Thresholds vary:

• Commonwealth Bank: generally around $50,000 for sole accounts
• ANZ: generally around $50,000
• Westpac: generally around $50,000
• NAB: varies by account type — check directly
• Smaller banks and credit unions: often lower, sometimes as low as $15,000

Call the bereavement team at each institution and ask directly. Do not assume — thresholds change without notice.

The estate holds shares or managed investments solely

Share registries (Computershare, Link Market Services, BoardRoom) and investment platforms will require either a Grant of Probate or, for smaller holdings, a statutory declaration plus supporting documents. For any significant shareholding, expect probate to be required.

When You May Not Need Probate

All significant assets pass by survivorship

If the deceased owned everything jointly with their surviving spouse as joint tenants — house, bank accounts, investments — those assets pass automatically to the survivor. Probate is often not required because there are no solely held assets for the executor to deal with.

The only assets are small bank balances

If the deceased had only one or two small sole accounts below the institution’s threshold, the bank may release funds on production of a death certificate and statutory declaration. Call first and ask what they need.

Superannuation

Super is not part of the estate and does not go through probate. The fund trustee pays it directly to the nominated beneficiary, or at their discretion if no valid nomination exists. See our guide on superannuation after death for the full process.

Life insurance paid to a named beneficiary

Life insurance proceeds paid to a named beneficiary do not form part of the estate and do not require probate.

The Risk of Not Getting Probate When You Need It

If you distribute estate assets without probate when probate was required, you can become personally liable to creditors and beneficiaries who suffer loss as a result. This is not a theoretical risk — executors have been held personally liable for distributing assets that should have been applied to estate debts.

If you are uncertain, err on the side of applying for probate. The process is straightforward in most Australian states and can be done without a solicitor in uncomplicated cases.

What If There Is No Will?

If the deceased died without a will, there is no named executor. An eligible person — usually next of kin — can apply to the Supreme Court for Letters of Administration, which serves the same function as a Grant of Probate. See our guide on what happens when there is no will.

Making the Decision

Ask yourself:

1. Did they own real property in their sole name? → Probate required
2. Did they have sole bank accounts above the institution’s threshold? → Probate likely — call the bank
3. Did they own shares or investments solely? → Probate likely required
4. Does everything significant pass by survivorship? → Probate may not be required

If yes to any of 1–3, get probate. It removes all ambiguity and is accepted by every institution in Australia. Once you know probate is required, go to your state or territory guide: Probate Guides by State and Territory →

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The Executor’s Guide provides general information about estate administration in Australia. It is not legal advice. If you are uncertain whether probate is required in your specific situation, speak with a solicitor.

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How to apply for probate in your state

• How to Apply for Probate in Queensland
• How to Apply for Probate in NSW
• How to Apply for Probate in Victoria
• How to Apply for Probate in Western Australia
• How to Apply for Probate in South Australia
• How to Apply for Probate in Tasmania
• How to Apply for Probate in the ACT
• How to Apply for Probate in the Northern Territory