02Expert Video Answers

What Is Probate and When Is It Required in Australia?

Kevin Finn's profile pictureAnswered byKevin FinnHead of LegalAuthored & legally reviewed1 May 2026Watch · 0:28

In this video, Kevin explains what probate actually is: a court process that confirms the Will is valid and gives the executor formal authority to deal with the estate. He covers when probate is required, typically when the deceased held sole-name assets above bank thresholds, and when it is not, such as small estates and jointly owned assets. Watch the video above for the 28-second answer. If there is no Will at all, the process is different; see what happens to your assets if you die without a Will.

Read the video transcript

Probate is a court process that confirms the validity of the Will and provides authority to the executor to deal with the estate. Probate is usually required where assets are held in the deceased’s individual name and where the value of those assets exceeds certain thresholds. Many small estates don’t require probate at all.

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