Probate in Australia – Simplified

Australia’s Premium Probate Solution for Self-Represented Applicants with Affordable Fixed-Fees

Disclaimer: Probate Consultants is not a legal practice. Information on this website about the law on any subject is general in nature and is intended to provide an outline only. It is not comprehensive, nor does it constitute legal or financial advice. 

What Happens to Your Things When You Pass Away?

When someone passes away, they often leave behind property, assets, and sometimes debt. This is known as their ‘estate,’ and it needs to be managed and finalised.

This Involves

  • Collecting all property and assets
  • Paying any debts
  • Distributing the assets according to the Will

Where there is a valid Will, the estate is finalised by the executor, or executors where more than one is appointed. Often, this process begins with applying for probate.

Where there is no valid Will, the deceased’s closest next of kin can finalise the estate. This process may involve applying for Letters of Administration.

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Probate

  • There is a valid Will
  • Executor(s) named in the Will apply for the Grant
  • Executor(s) administer and finalise the estate
  • Property and Assets in the estate are distributed to those entitled under the Will.

Letters Of Administration

  • No valid Will
  • Closest next-of-kin applies for the Grant
  • Next-of-kin administers and finalises estate
  • Property and Assets distributed according to the laws of intestacy
Learn About Letters of Administration

Frequently Asked Question

Probate is a legal process where the Supreme Court certifies that:

  • A person has passed away (the deceased).
  • The deceased left a valid Will.
  • The executor(s) named in the Will have the authority to administer and finalise the deceased’s estate.
  • The executor(s) named in a Will apply to the Supreme Court for Probate. If the application is successful, they receive a Grant of Probate.

A Grant of Probate is a legal document issued to the executor(s) of a valid Will.

It proves the following:

  • The named person has died (the deceased).
  • The deceased left a valid Will.
  • The Executors named in the Grant of Probate have the authority to access and deal with the deceased’s estate.

You need a Grant in the following situations:

  • Seeking the refund of an Accommodation Bond (RAD) from an aged care facility.
  • Transferring title of real estate that was held solely by the deceased or as tenants in common.
  • Accessing funds in a bank account over a certain value, usually $50,000.
  • Dealing with a shareholding over a certain value, usually $50,000.
  • Accessing Superannuation that is payable to the estate.

In determining whether you need a Grant of Probate, you can:

  • Contact the relevant institutions and ask whether they require a Grant in order for you to deal with the property.
  • If there are minimal assets, you may only need to produce a certified copy of the Will and death certificate.
  • Contact Probate Consultants for a Free Consultation regarding the estate.

There are four main ways to apply for a Grant of Probate:

  • Prepare the application yourself.
  • Engage Probate Consultants to assist with your application.
  • Instruct a lawyer to act on your behalf.
  • Authorise a Trustee Company to act as the executor.

There are pros and cons to each option, and finding the best way to apply is an important decision for executors.

Supreme Court of Victoria Website

“Currently, about 95 percent of applications are filed by solicitors or Trustee Companies, but, in many instances, applying for a grant is often a straightforward procedure.”

Probate Consultants are the Probate application specialists for self-represented applicants. Our seamless application experience makes the process Fast, Affordable, and Easy. We offer fixed fees, Fast turnaround times, and dedicated support that puts our clients first.
Read our article “Why Choose Probate Consultants?” for more information about why we are a great option for self-represented applicants needing Probate in Australia.

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Applying Yourself as a Self-Represented Applicant

If you were to apply yourself, without engaging a solicitor or using Probate Consultants, you would pay the following:

Victoria

  • Advertisement fee – $25.40
  • Filing Fee (based on gross value of assets in Victoria)
  • $66.80: Less than $500,000
  • $357.80: More than $500,000 but less than $1,000,000
  • $667.80:  More than $1,000,000 but less than $2,000,000
  • $1,462.80: More than $2,000,000 but less than $3,000,000
  • $2,257.80: More than $3,000,000

Queensland

  • $161.70: Advertisement fee
  • $793: Fixed Filing Fee for all Estates

Australian Capital Territory

  • Advertisement fee: $57
  • Filing Fee (based on gross value of assets in the ACT)
  • $0: Less than $50,000
  • $1,044: More than $50,000 but less than $250,000
  • $1,320: More than $250,000 but less than $500,000
  • $1,996: More than $500,000 but less than $1,000,000
  • $2,657: More than $1,000,000

New South Wales

  • Advertisement fee – $53
  • Filing Fee (based on gross value of assets in NSW)
  • $0: Less than $100,000
  • $863: More than $100,000 but less than $250,000
  • $1,171: More than $250,000 but less than $500,000
  • $1,797: More than $500,000 but less than $1,000,000
  • $2,394: More than $1,000,000 but less than $2,000,000
  • $3,991: More than $2,000,000 but less than $5,000,000
  • $6,652: More than $5,000,000

South Australia

  • Filing Fee (based on gross value of assets in the estate)
  • $929: Less than $200,000
  • $1,858: More than $200,000 but less than $500,000
  • $2,475: More than $500,000 but less than $1,000,000
  • $3,715: More than $1,000,000

Northern Territory

  • $370 – Fixed Filing Fee for all Estates

Western Australia

  • $33: Search of Court’s Probate Records
  • $1,402: Fixed Filing Fee for all Estates

Tasmania

  • Filing Fee (based on gross value of assets in TAS)
  • $498.40: Less than $50,000
  • $900.68: More than $50,000 but less than $250,000
  • $975.44: More than $250,000 but less than $500,000
  • $1,228.20: More than $500,000 but less than $1,000,000
  • $1,555.72: More than $1,000,000 but less than $2,000,000
  • $1,767.54: More than $2,000,000 but less than $5,000,000
  • $2,123.54: More than $5,000,000
Probate Consultants

Solicitors

There is no standard cost that solicitors charge for preparing Probate applications. Fees vary from practitioner to practitioner and practice to practice.

When considering a price quote from a Solicitor, ensure the following has been included:

  • GST
  • Costs & Disbursements
  • Advertisement Fee
  • Filing Fee
  • Other

Probate Consultants

Probate Consultants have made applying for Probate Fast, Affordable & Easy for self-represented applicants. We are Australia’s Premium Probate Solution with affordable Fixed-Fees.

We provide all Australians the same fixed fees regardless of the value of the estate. You have complete certainty over the total out-of-pocket cost involved in obtaining Probate from the beginning – no surprises.

The total cost involved in applying for Probate includes:

  • Our Fixed-Fee
  • $1,888 inc GST: Conventional Applications
  • $2,288 inc GST: Complex Applications
  • Advertisement Fee (VIC, NSW, QLD, ACT)
  • Supreme Court Filing Fee

What Do You Need in Order to Start a Probate Application?

The following documents are needed in order to apply for Probate:

  • Valid Will
  • Death Certificate

Current documents relating to the deceased’s estate:

  • Property & Assets
  • Debts & Liabilities

Current documents relating to the deceased’s estate:

  • Property & Assets
  • Debts & Liabilities

Current documents relating to the deceased’s estate:

  • Property & Assets
  • Debts & Liabilities

Current documents relating to the deceased’s estate:

  • Property & Assets
  • Debts & Liabilities

Call 0481 838 883 for a Free Consultation today or book a time for a call-back. There is no timer and never any obligations. We will provide you with all the information you need to make the right choice for you and your family.
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