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1300 945 533

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Fixed fee probate, without the hassle.

Apply for a grant of probate from the comfort of your couch with our expert estate planning lawyers.

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How we get probate for you


1. It starts with a free phone consultation

Our expert lawyers will chat with you to understand your individual situation, explain what probate is, how much it will cost and whether you require this service.

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2. Prepare your application for probate

We will work with you to advertise your intent to apply for probate and complete the application process in your designated state or territory across Australia (excluding NT and SA).

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3. Lodge your application

Once the application is completed, our expert lawyers will support you in signing the probate application documents and we will lodging them with the relevant state or territory-based Court (excluding NT and SA).

Why choose Willed

Free consultation

Free consultation

Applying for probate can be overwhelming, speak to our experienced legal team with no obligation.

Expert Australian lawyers

Our legal team are experienced in all aspects of estate planning across Australia.

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Fixed fee, price match guarantee

No surprises or additional fees, we will provide a fixed fee quote after your free consultation.

We’re here to help you apply for probate

When someone passes away, a number of administrative tasks must be completed - one of these tasks is applying for a grant of probate.

Probate is a legal process required to validate a Will before the estate can be distributed, and the Executor can follow the deceased's final wishes. Our expert legal team is experienced across all estate planning areas and can support you through this process.

Book a free consultation or call us on 1300 945 533

Common questions about probate

What is Probate?


Probate is a legal document issued by the Court affirming that the Will of a deceased person has been verified and registered in the Court and that the executor named in the Will has been given the authority to administer the estate. Once the Will is verified by the Court, the Executor can administer the deceased’s estate by collecting the deceased’s assets, paying off any debts of the deceased, and ensuring that the remaining assets are distributed to the beneficiaries of the estate in accordance with the deceased’s wishes.

When is Probate necessary?


Whether probate is necessary will depend on the type, size and value of the assets comprising the deceased’s estate.

Probate will be necessary when the deceased leaves behind specific types of assets. For example, probate will be necessary to deal with real estate, money in bank accounts and shares solely owned by the deceased or joint owned by the deceased with another person as tenants in common.

If assets of the deceased are jointly owned as joint tenants, then on the death of one of the joint owners, the asset will automatically pass to the surviving owner. In such cases, there will be no need to apply for a Grant of Probate.

Some third parties will release an asset without the need for Probate. For example, some financial institutions may release without seeing a Grant of Probate if the amount held in the name of the deceased is minimal and there is no dispute between the deceased’s relatives.

Who can apply for Probate?


To apply for probate, a person must:

  • over 18 years of age; and
  • be the executor named in the Will.

Do you need a copy of the original Will to apply for Probate?


Yes, you will need a copy of the original Will to apply for Probate.

What happens if there is no valid Will?


If the individual passed away without a Will (intestate), did not name an executor in a valid will or the Executor is unwilling or unable to act, the deceased’s closest next of kin (eg spouse or de facto spouse) will need to apply for Letters of Administration.

Letters of Administration is a court order made by the Court which allows the Administrator (the person who is appointed by the court) to distribute the assets of the deceased who died without a valid will.

If the deceased individual dies intestate, the law in the state or territory in which the deceased died and owned assets, will determine who receives the assets of the deceased’s estate. This is known as the 'rules of intestacy'.

The process of applying for Letters of Administration is more complicated than applying for a Grant of Probate as involves some extra steps. For example, the spouse or de facto spouse will need to file an Affidavit detailing the efforts they made to locate the deceased’s Will.

How much does Probate cost?


Willed prides itself on price transparency. In this regard, Willed offer upfront fixed prices for a grant of probate. Our upfront fixed prices assume that the will is valid and uncontested and that the executor has all the necessary documentation to apply for a grant of probate. If this is not the case, additional fees may apply. Our fixed prices do not include court filing fees (which will depend on the value of the deceased estate) and disbursements. Contact us today to request a fixed price for a grant of probate.

When should you apply for probate?


In Victoria, New South Wales, Australian Capital Territory and Western Australia - an application for Grant of Probate must be made within six months of the death of the willmaker. In Queensland, there is no strict timeframe within which you must apply for probate but the court expects you to act swiftly and efficiently when applying for a Grant of Probate. In Tasmania, an application for Grant of Probate must be made within two years of the death of the willmaker.

If no probate application is made within these timeframes:

  • you will need to provide an explanation to the Court for the delay.
  • there is underlying risk that a creditor or other person may apply to have themselves appointed as executor of the estate in place of the executor named in the will.

How long does it take get a Grant of Probate?


The first step in applying for a Grant of Probate is to lodge notice of intention (advertisement) for a Grant of Probate with the Court. The advertisement must be published for at least 14 days before you can file an application for a Grant of Probate.

After the application for a Grant of Probate has been filed with the Court, it will take approximately 8 weeks to obtain a Grant of Probate (depending on the Courts backlog of applications and whether any requisitions are received from the Court).

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1300 945 533

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During the initial consultation, we can help you with:
What is Probate
How to apply for Probate
How much it costs
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Disclaimer: Willed is a technology platform that allows you to create your own estate planning solutions using our forms and other information. Willed is not a law firm and does not provide legal, financial, taxation or other advice. If you are unsure whether our estate planning solutions are suitable for your personal circumstances, legal advice should be sought from a law firm, such as Vault Legal.