When is probate not required in Australia?
Many people assume that every estate requires probate, but that’s not actually true. In fact, a significant number of Australian estates can be administered without probate at all. Understanding when you don’t need probate can save you time, money, and unnecessary complexity.
For related guidance, see can the entire probate process be completed online in Australia?.
Read the video transcript
Many families apply for probate when it's not strictly necessary. You generally don't need it if assets or houses are owned as joint tenants. Survivorship means that it passes automatically to the survivor. However, there may be some legal documentation to complete to record the change of ownership. You also don't need it if superannuation has a valid binding death benefit nomination to someone other than the legal personal representative. Finally, small estates below specific bank thresholds may not require a grant of probate.
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