How to Apply for Probate in Australia: State-by-State Process

Applying for a grant of probate in Australia means applying to the Supreme Court of the state or territory where the deceased lived, and the registry, required documents and FY2026-27 fee all differ depending on which of the eight jurisdictions applies.

What a Grant of Probate Does

A grant of probate is a formal order from the Supreme Court of the relevant state or territory confirming that a deceased person's last will is valid and that the executor named in it has authority to act. Once issued, the grant lets the executor deal with banks, share registries, superannuation funds and the land titles office on the estate's behalf, since those institutions generally will not release significant assets to an executor without seeing it. If there is no will, the equivalent order is called letters of administration, issued to the person entitled to administer the estate under the jurisdiction's intestacy rules, usually the closest surviving relative. Both orders are issued only after the registry is satisfied the application is in order, which is why the required documents and process matter as much as the fee itself.

Which Court or Registry to Apply To

Every state and territory grants probate through its own Supreme Court probate registry, which is the correct starting point in every jurisdiction for a standard estate.

Several jurisdictions also allow a simplified path for small estates, either through the Supreme Court registry itself under a lower dollar threshold or through the state or territory's Public Trustee, covered below. For very small estates, or where no one is willing or able to act as executor, the Public Trustee in each jurisdiction can also apply to administer an estate directly. Applications are increasingly lodged online through each registry's own electronic filing system rather than in person, though most registries still accept a paper application, and some documents, such as the original will, generally still need to be physically lodged or produced on request even where the rest of the application is filed electronically.

Documents and Information You Will Need

While the exact application form differs by registry, every jurisdiction asks for broadly the same core documents: the original will (and any codicils), a certified copy of the death certificate, details of the deceased's assets and liabilities as at the date of death, and identification for the applying executor. Most registries also require advertising the intention to apply for probate before filing, which gives potential creditors and claimants notice and starts the clock on some of the executor's statutory distribution protections. The registry checks the will meets the jurisdiction's formal validity requirements and that the application is complete before issuing the grant; incomplete applications are the most common reason for delay.

FY2026-27 Probate Fees at a Glance

Every jurisdiction charges a filing fee to lodge a probate application, and the fee is reviewed, and in most jurisdictions re-indexed, on 1 July each year. Queensland, Western Australia and the Northern Territory charge a single flat fee regardless of the estate's size; the other five jurisdictions charge a tiered fee that rises with the estate's gross value.

A 'Nil' tier waives the fee for a small estate in New South Wales, Victoria or the Australian Capital Territory; it is not an exemption from the probate process itself. See Probate Fees in Australia for every tier in full. To estimate the fee for a specific estate value across all eight jurisdictions, use the Australia probate fee calculator.

Small-Estate Shortcuts Are Procedural, Not Exemptions

Below a set dollar threshold, several jurisdictions let an estate be wound up without going through the full Supreme Court probate process. Western Australia allows a simplified application for estates up to $10,000 under section 55 of its Administration Act 1903. Queensland has no equivalent: section 55 of its Succession Act 1981 is a definitions provision, not a small-estate rule. South Australia's Public Trustee can issue a deemed grant for estates up to $100,000 of personal property under section 73 of the Succession Act 2023 (SA). Tasmania's Public Trustee applies its own $30,000 threshold for estates it administers directly. The Northern Territory allows a simplified Registrar application for estates up to roughly $25,000 (20,000 fee units) under section 106 of the Administration and Probate Act 1969 (NT), and separately lets a professional personal representative administer an estate up to roughly $87,500 (70,000 fee units) without a grant at all under section 110A. The Australian Capital Territory has no statutory small-estate mechanism; every ACT estate that needs formal administration goes through the standard grant process, even if the Nil fee tier applies below $50,000. None of these mechanisms is a general exemption from needing a grant; they are procedural shortcuts available only below their specific threshold and only in the jurisdictions that have them. A bank's own internal policy of releasing small balances without seeing a grant is that bank's policy, not a rule of law, and cannot be relied on for a land title or a larger account.

After the Grant Issues

Once probate, or letters of administration, issues, the grant itself starts the clock on several important deadlines. In six of the eight jurisdictions, Victoria, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, the family provision time limit for anyone wanting to contest the will runs from the date of the grant, not the date of death, so an executor in those jurisdictions should keep the grant date on file and be cautious about distributing the estate until that window has passed. See Contesting a Will in Australia for the full time limits and what protects an executor who distributes early. The executor then collects the assets, pays debts and, once satisfied no claim is pending, distributes the estate according to the will or, if there is none, the jurisdiction's intestacy rules; see Who Inherits Without a Will in Australia for how that order works.

Applying Without a Lawyer

An executor can apply for probate personally in every jurisdiction, without engaging a solicitor, and every Supreme Court registry publishes its own application kit or online lodgement system for this purpose. Whether to do so depends on the estate's complexity: a simple estate with one clear will and no disputes is often manageable without professional help, while an estate with overseas assets, a business, a blended family, or any sign of a possible challenge benefits from advice at the outset. See the Australia Wills and Probate hub for a dedicated probate guide for each state and territory, including the exact registry contact details and local forms.

This article provides general legal information about the probate application process in Australia. It is not legal advice and does not take into account your individual circumstances. Court procedure, required documents and fees differ between New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, and fees are reviewed and re-indexed each 1 July. This information was last verified on 20 July 2026. For advice about applying for probate in your situation, consult a legal practitioner admitted in the relevant state or territory, or the relevant Supreme Court probate registry.

Frequently Asked Questions

Which court grants probate in Australia?

The Supreme Court of the state or territory where the deceased lived at the time of death, or where their main assets are located. Each of the eight Supreme Courts operates its own probate registry.

How long does it take to get a grant of probate in Australia?

It varies by registry and by how complete the application is, generally taking anywhere from a few weeks to a few months for an uncomplicated estate, longer if the registry requisitions further information or a dispute is raised.

Do I need a grant of probate for every estate?

Not always. Several jurisdictions have small-estate shortcuts below a set dollar threshold, and very small estates may be released by an asset holder’s own internal policy without a grant, but these are the exception rather than the rule, and the Australian Capital Territory has no statutory small-estate mechanism at all.

Does a "Nil" probate fee mean I do not need probate?

No. A Nil fee tier, such as under $50,000 in the Australian Capital Territory or under $250,000 in Victoria, waives the filing fee for a small estate. A grant may still be required to deal with banks, share registries or the land titles office.

What documents do I need to apply for probate?

Generally the original will, a certified death certificate, details of the estate’s assets and liabilities, and identification for the applying executor, though the exact requirements are set by each registry.

How much does it cost to apply for probate in Australia?

It depends on the state or territory and, in most of them, the estate’s value. FY2026-27 fees range from a flat $418.00 in Western Australia to a flat $1,585 in the Northern Territory, with tiered fees elsewhere. See Probate Fees in Australia.

Can I apply for probate myself, without a lawyer?

Yes, in every jurisdiction, using the relevant Supreme Court registry’s own application kit or online system. Complex estates, disputed wills or estates with overseas assets often warrant professional advice.

What happens if there is no will?

The court issues letters of administration instead of probate, usually to the closest surviving relative under the jurisdiction’s intestacy rules, who then administers the estate in the same broad way an executor would.