What is probate and when is it needed?

Common question · Wills & Estates · Australia · 23 October 2026

General information from Lawmateanz

Probate is a court order from a state or territory Supreme Court confirming a will is valid and that the executor can deal with the estate.

Banks and other institutions usually require probate before releasing larger amounts or transferring property, although small estates can sometimes be handled without it.

The executor applies with the original will and details of the estate's assets and debts. Some states require notice to be advertised first.

Your state's Supreme Court website has guidance, and a lawyer can help with the application.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

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