What Is Probate and When Is It Required in Australia?

Probate is a court process that confirms a will is valid and gives the executor formal authority to deal with the estate. It’s usually required when the deceased held assets in their sole name above certain bank or institution thresholds, but many small estates and jointly owned assets don’t require probate at all.

What Probate Actually Does

Probate is a court process that serves two crucial purposes: it confirms that the deceased’s will is valid and legally binding, and it provides the executor with the formal authority to manage and distribute the estate. Think of probate as official permission from the court to act as executor.

When the court grants probate, it essentially stamps its approval on the will and says “yes, this person can now deal with the estate’s assets on behalf of the deceased.” Without this authority, banks, real estate agents, and other organisations may refuse to work with the executor.

When Probate Is Required

Probate is typically required when:

• Assets are held in the deceased’s individual name — This includes property, bank accounts, shares, or investments registered solely in the deceased’s name.
• The estate value exceeds certain thresholds — Different states and financial institutions have different rules. Some banks won’t release funds without probate unless the estate is below a certain amount, often around $10,000–$20,000.
• Multiple assets need to be transferred — Complex estates with real property, business interests, or significant investments usually require probate.

When Probate Isn’t Required

Many estates don’t need probate at all. This includes:

• Jointly owned assets — Property or bank accounts owned as joint tenants pass directly to the surviving owner.
• Superannuation with valid beneficiary nominations — Super typically doesn’t form part of the estate.
• Small estates under bank thresholds — If the total estate value is small, some institutions allow distribution without formal probate.
• Assets with built-in transfer mechanisms — Some investments and accounts transfer automatically.

The key point: not every estate needs probate, but when it does, you’ll need to go through the formal process.

How Willed Can Help

If you’re unsure whether you need probate, Willed can help you navigate the decision. We provide clear guidance on whether probate is necessary for your situation and, if it is needed, can assist you through the application process with fixed-fee probate services that give you certainty from the start.

Understanding probate—and whether you actually need it—is the first step toward efficiently administering an estate.