Probate

Probate. Handled with care.

When someone dies, probate is often required to deal with assets. Our affiliate law firm Willed Law can deal with the Court and assist you with this process.

1300 945 533 Get a fixed-fee quote

Why families choose Willed

Probate, handled carefully.

  • Australian lawyers at Willed Law

    Probate solicitors at Willed Law. The same person you speak to handles your file.

  • Fixed fee, confirmed upfront

    One price for the work. No hourly billing, no surprise invoices at the end.

  • Court-ready paperwork

    Willed Law drafts the application, gathers supporting documents, and lodges with the Supreme Court of your state.

  • Calm through a hard time

    Willed Law has helped thousands of families through this. It isn’t just paperwork.

What probate is

A court order, and what it lets you do.

A grant of probate is the Supreme Court’s confirmation that your loved one’s Will is valid, and that the executor has authority to act on it.

Banks, super funds, and most property registers won’t release the deceased’s assets without it. So before the estate can be wound up, someone has to apply.

Willed Law’s solicitors prepare the application, gather the supporting documents, and lodge it with the court. The whole thing usually takes between four and twelve weeks, depending on your state and the complexity of the estate.

Willed Law confirms your fixed fee before work starts. You only pay once probate is granted.

How Willed Law compares

Probate solicitors who charge by the hour add up fast. With Willed Law, your fixed fee is confirmed before work starts.

Feature

Typical law firm

Willed Law
Pricing Hourly, or based on the size of the estate Fixed fee, confirmed upfront
When you pay Retainer up front Only once the grant is issued
Plain English Legal jargon and long letters Plain English, every step explained
Volume A handful of probate files a year Hundreds of probate files a year
Format Office visits during business hours In person or over the phone, your choice
Reviews Rarely public Public, on Google and reviews.io
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How it works

Three simple steps.

  1. Start with a free call.

    We’ll spend about 20 minutes understanding the estate, explaining what probate involves, and giving you a clear quote. No obligation.

  2. We prepare and lodge.

    Your solicitor drafts the application, gathers the supporting documents, and lodges it with the Supreme Court of your state. We handle the back-and-forth.

  3. Probate is granted.

    You receive the grant and the authority to deal with the bank, the super fund, and the property registry. The estate can move forward.

Probate services, state by state.

NSW New South Wales VIC Victoria QLD Queensland WA Western Australia TAS Tasmania NT Northern Territory ACT Australian Capital Territory

Helping hundreds of executors each month

The families who have been here before

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Enter your details here and Willed Law will call you back to assist with your Probate enquiry.

Top questions about probate

See all FAQs
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).

Watch our experts answer your probate questions

Short, on-camera answers from Kevin Finn.

Can I Do Probate Myself in Australia?
Answered by Kevin Finn
How do I deal with my parent’s estate without the stress of lawyers?
Answered by Kevin Finn
What Does an Executor Actually Need to Do Once Probate Is Granted in Australia?
Answered by Kevin Finn
How Long Does Probate Take in Each Australian State and Can I Speed It Up?
Answered by Kevin Finn
See all probate answers

Probate guides

Plain-English answers to common probate questions, written by Willed’s specialists.

Who Can Apply for Probate?

A frequently-asked question, and one we have the answer too. Read on to learn about who can apply for Probate after a loved one passes away.

Ariella Birnbaum
What is the Chain of Representation?

What happens in Australia if the executor passes away before completing their executorial duties? In this guide, learn about the common law principle known as the ‘chain of representation’.

Ariella Birnbaum
Surprising Ways Willed is Flipping the Death Narrative

Think of the word ‘death’, and topics like grief, anxiety, ghosts and shadows come to mind. But here at Willed, we’re flipping the way people perceive death. Here’s how.

Ariella Birnbaum
Do I Need Probate if my Partner Dies?

While some assets can be passed down to a surviving spouse without probate, it all depends on the type of asset, who owned it and how it was owned. It’s a tricky area to navigate on your own. Luckily, we’re here to simplify the process.

Ariella Birnbaum
Probate guides