Can You Do Probate Yourself in Australia?

Yes. In every Australian state and territory you can apply for a grant of probate yourself, as what the courts call a personal applicant — you are not legally required to hire a solicitor. For most straightforward estates — a valid will, a cooperative family, and ordinary assets like a home, bank accounts and superannuation — the executor can apply directly, and the Supreme Court issues the grant to them. A lawyer is a choice, not a requirement.

Queensland executor? Here is exactly how to apply for a grant of probate in Queensland yourself.

If you have just been named executor and you are weighing up whether to do this yourself or hand it to a solicitor, this guide walks through when doing it yourself genuinely works, when it does not, what the process actually involves, and what it costs either way.

Do you legally need a lawyer to get probate?

No. The executor named in the will has the right to apply directly to the Supreme Court probate registry in the relevant state. Every registry makes provision for personal applicants, and several say so plainly — the Supreme Court of Victoria, for example, states that you can apply for probate or administration yourself and do not need a lawyer to do it.

Registry staff can give you procedural directions — which form, where to file, what is missing — but they cannot give legal advice. That distinction matters: the administrative path is open to you, but no one at the court will tell you whether your particular situation is straightforward or not. That is the judgment this guide is here to help you make.

When doing it yourself usually works

DIY probate tends to be realistic when most of these are true:

• There is a valid will and you are clearly named as executor.
• The assets are straightforward — a home held in the deceased’s sole name, bank accounts, superannuation, listed shares.
• The family is in agreement and no one is likely to contest the will.
• The estate is solvent — assets comfortably exceed debts.
• You have the time and headspace to work through forms carefully over a few weeks.

A large share of estates fit this picture. For them, applying for probate is mostly a matter of careful, accurate form-filling, following the registry’s own step-by-step guidance.

When you should get a lawyer

Some situations carry enough risk or complexity that professional advice usually pays for itself:

• No will (intestacy) combined with a complicated family structure or unclear next of kin.
• Blended families or anyone likely to bring a family provision claim (a challenge by someone who feels they were left out or under-provided for).
• Disputes between beneficiaries, or between co-executors who cannot agree.
• Complex assets — a business, a family trust, foreign assets, multiple properties, or assets that are hard to value.
• An insolvent estate (debts exceed assets), where the order you pay creditors in matters and you can be personally exposed if you get it wrong.
• Any question over the will’s validity — damage, missing pages, or doubts about capacity when it was signed.

If your situation has one of these features, getting a lawyer involved early is usually the cheaper decision in the long run.

What “doing probate yourself” actually involves

The exact forms and sequence vary by state, but the shape of the process is the same everywhere:

1. Check whether you even need a grant. Small estates, and assets held jointly (which usually pass automatically to the survivor), often do not require probate at all. Contact each bank, super fund and asset holder and ask whether they will release the asset without a grant.
2. Locate the original will and the death certificate. The court needs the original will, not a copy — and it must be unmarked (no staples or pins removed or added).
3. Compile an inventory of assets and liabilities as at the date of death.
4. Publish a notice of intended application. Most states require you to advertise your intention to apply (increasingly done through the court’s own website rather than a newspaper).
5. Prepare the application and supporting affidavit in the correct court forms.
6. File with the Supreme Court probate registry — most states now e-file — and pay the filing fee.
7. Respond to any requisitions. A requisition is the registry asking you to fix or clarify something. It is routine, not a rejection.
8. Receive the grant. Once it issues, you can use it to deal with banks, superannuation funds, share registries and land titles offices on behalf of the estate.

How much does DIY probate cost compared with a solicitor?

Doing it yourself, your main cost is the court filing fee, which each state sets and usually scales to the value of the estate, plus a small advertising or notice fee. (Check the current fee for your state — figures change each financial year.)

A solicitor handling the probate application typically charges in the range of a few thousand dollars depending on complexity, and some charge a percentage of the estate’s value. (Confirm current ranges before relying on this figure.)

So the trade-off is simple: doing it yourself can save you thousands, and the cost is your time plus the responsibility of getting it right. For a simple estate that is usually a good trade. For a contested or complex one, the lawyer’s fee buys you protection that is worth having.

The responsibility you are taking on

It is worth being clear-eyed about this. As executor you can be personally liable if the estate is administered incorrectly — for example, distributing to beneficiaries before debts and possible claims are resolved, or paying the wrong people. For a simple, solvent, uncontested estate, careful work and the court’s guidance are usually enough to stay on the right side of this. For anything with disputes, claims, or insolvency in the mix, that personal exposure is exactly why a lawyer is worth it.

Where you apply, state by state

Probate is granted by the Supreme Court in the state or territory where the deceased held assets. These are the official registries:

• Queensland — Queensland Courts
• New South Wales — NSW Supreme Court Online Registry
• Victoria — Supreme Court of Victoria
• Western Australia — Supreme Court of Western Australia
• South Australia — Courts SA Probate Registry
• Tasmania — Supreme Court of Tasmania
• ACT — ACT Supreme Court
• Northern Territory — Supreme Court of the NT

Frequently asked questions

Can an executor apply for probate without a solicitor?

Yes. An executor named in the will can apply directly to the Supreme Court probate registry as a personal applicant. You do not need a solicitor to make the application.

Is it hard to do probate yourself?

For a simple estate, it is mostly careful, methodical form-filling rather than anything legally difficult. The registry provides step-by-step guidance and will tell you if something needs fixing. Complexity comes from the estate — disputes, unusual assets, no will — not from the paperwork itself.

How long does it take to do probate yourself?

For a straightforward application it is commonly a matter of weeks to a couple of months from filing to grant, depending on the state, the registry’s workload, and whether any requisitions are raised. (Confirm typical current timeframes.)

What happens if I make a mistake on the application?

The registry issues a requisition — a request to correct or clarify. You fix the issue and resubmit. A mistake slows things down; it does not usually end the application.

Can I do probate myself if there is no will?

There is no will to “prove,” so instead of probate you apply for letters of administration. You can still apply yourself, but intestacy adds complexity around who is entitled to apply and who inherits — so it is one of the situations where advice is more often worth it.

The Executor’s Guide provides plain-English, practical information for executors and administrators in Australia. It is general information, not legal advice, and does not account for your specific circumstances. For advice about your situation, consult a qualified legal practitioner.