Probate and deceased estate administration in Australia

It depends mostly on how quickly you can gather the will, the death certificate and date of death values for every asset. In most states a notice must then be published at least 14 days before the application is filed (15 days in Victoria); in New South Wales the notice is published when you submit the online application and the 14 days run from then. Registry processing varies: the Supreme Court of Western Australia aims to deal with applications within four weeks, and Victoria's Probate Office publishes 5 to 10 working days but says it is currently taking longer. A requisition from the registry adds more time. The grant is only the start: the ATO says finalising an estate typically takes 6 to 12 months, and it can take longer.

No. A grant is needed when an asset holder insists on one, and that usually happens when the deceased owned real property in their sole name or held significant balances with a bank, share registry or investment platform. Assets held as joint tenants pass to the survivor automatically, and superannuation and life insurance normally pass under the fund or policy rules. Ask each institution in writing what it requires before assuming a grant is necessary.

There are three cost layers: the court filing fee, the cost of any notice you must publish, and legal fees if you use a lawyer. In New South Wales, Victoria, South Australia, Tasmania and the ACT the filing fee depends on the estate's gross value. For example, from 1 July 2026 it is nil in New South Wales for estates under $100,000 and $7,399 for estates of $5 million or more. Queensland ($748.10), Western Australia ($418) and the Northern Territory ($1,585 including a search fee) charge a flat fee from 1 July 2026. Fees usually change on 1 July each year, so check the court's current schedule.

The safe date depends on your state's family provision limitation period and on whether you have published a notice of intended distribution. As a general rule, do not make a final distribution until the family provision period has expired without a claim, all liabilities and taxes are settled, and any statutory notice period has run. Interim distributions are possible where the estate is clearly solvent and you have retained enough to meet foreseeable claims, but they carry risk.

The estate is distributed under the intestacy rules of the state or territory. Someone with an entitlement, usually the surviving spouse or de facto partner or an adult child, applies for letters of administration. The administrator must then distribute strictly according to the statutory formula, regardless of what the family agrees is fair. Where no relative entitled under the statute can be found, the estate ultimately passes to the state or territory.

Not automatically. An executor is entitled to be reimbursed for out of pocket expenses, but is only entitled to be paid for their time if the will authorises a commission, all the affected beneficiaries (usually the residuary beneficiaries) agree, or the court allows commission when it passes the estate accounts. Professional executors such as public trustees and trustee companies charge fees under the legislation that governs them.

Probate is granted where there is a valid will that appoints an executor who is able and willing to act; it confirms the will and the executor's existing authority. Letters of administration are granted where there is no will, or where there is a will but no effective executor. In the latter case the grant is called letters of administration with the will annexed, and the administrator gives effect to the terms of the will.

Often, yes. In New South Wales, for example, anyone named in the will, the spouse, de facto partner or children of the deceased, and anyone who would inherit if there were no will, can inspect or get a copy of the will at their own expense. Check the rule in your state or territory. Beneficiaries of the residue are also entitled to a proper account of the administration. A beneficiary of a specific gift is entitled to know about their own gift. Being open early usually avoids a dispute; refusing reasonable requests usually creates one.

You generally obtain a grant in the jurisdiction where the deceased was domiciled, and then have that grant resealed in each other Australian jurisdiction where assets are held (South Australia registers interstate grants instead). Foreign assets are governed by the law of the place where they are located, and a foreign grant may be capable of being resealed in Australia, or a fresh Australian grant may be needed. Cross-border estates warrant early legal help.