What Is Probate in Australia? How Long It Takes and What It Costs

Probate is the Supreme Court of a state or territory formally confirming that a will is valid and that the executor named in it has the authority to deal with the estate. NSW Trustee and Guardian explains that the executor is named in the will and is formally appointed to the role by applying to the Supreme Court and being granted probate. (Source: tag.nsw.gov.au, checked 2 Oct 2026) The grant is the document banks, share registries and land titles offices often ask to see before they release or transfer what the person owned. Without a will, the court appoints an administrator instead, through letters of administration.

This page covers what probate is, whether an estate needs it, how long probate takes in each state, and how much probate costs in court filing fees. Every figure is as at the date this was checked, and court fees generally change on 1 July each year, so check the court's own page before you pay.

Does every estate need probate?

Not every one. Whether a grant is needed depends on what the person owned, how much, and how it was held. The court will not decide this for you. The Supreme Court of Victoria says it does not determine whether or not probate is required to deal with a person's estate. (Source: supremecourt.vic.gov.au, checked 2 Oct 2026) The Northern Territory registry suggests contacting each asset holder to find out whether they require a grant before they release money held in the deceased's name. (Source: supremecourt.nt.gov.au, checked 2 Oct 2026)

So the first job is a ring-around: every bank, super fund and share registry, asking what they need. That list is far quicker to make when the person wrote down where everything is.

What the probate process generally involves

Broadly: find the original will, work out what the person owned and its value, publish a notice that you intend to apply, wait out your state's notice period, then file with the Supreme Court and pay the fee. Our probate checklist walks through each step in order, state by state.

Many executors handle it themselves. Others use a solicitor, particularly when there is property, a dispute or a complicated estate, and that is money well spent when the legal corner gets tricky.

How long does probate take?

Two clocks run. First, the notice period you must wait out before you can file. Then the time the registry takes to issue the grant once you have filed. Here is what each court said at the date this was checked.

• New South Wales: for the week of 28 September to 2 October 2026, the Supreme Court said it was assessing probate applications filed between 9 and 16 September 2026, so roughly two to three weeks behind. (Source: supremecourt.nsw.gov.au, checked 2 Oct 2026)
• Victoria: you must publish a notice online at least 15 days before applying. (Source: supremecourt.vic.gov.au, checked 2 Oct 2026) The Court says it may take several weeks from the start of the process, and that applications are currently taking longer than its published processing time of 5 to 10 working days. (Source: supremecourt.vic.gov.au, checked 2 Oct 2026)
• Queensland: wait at least 7 days after the Public Trustee receives your notice, and 14 days after the notice appears in the Queensland Law Reporter, before filing. (Source: courts.qld.gov.au, checked 2 Oct 2026)
• Western Australia: the Court aims to process applications within four weeks of receiving them, though complex applications may take longer. (Source: supremecourt.wa.gov.au, checked 2 Oct 2026)
• South Australia: Courts SA says a grant application that is not complex and has been lodged in the correct form should issue in under 4 weeks. (Source: courts.sa.gov.au, checked 2 Oct 2026)
• Tasmania: there is a legal requirement to wait 14 days after publishing a notice of intention before filing. (Source: supremecourt.tas.gov.au, checked 2 Oct 2026)
• Northern Territory: a notice must be published on the Supreme Court website for 14 days before an application can be filed. (Source: supremecourt.nt.gov.au, checked 2 Oct 2026)

The grant is only one part of the job. NSW Trustee and Guardian says it can take as long as 12 months to finalise an estate, and possibly longer. (Source: tag.nsw.gov.au, checked 2 Oct 2026) In NSW an executor should not distribute any earlier than 6 months after the date of death, and 30 days after a notice of intention to distribute is published. (Source: tag.nsw.gov.au, checked 2 Oct 2026)

How much does probate cost?

The court filing fee is set by each state, and in most of them it rises with the value of the estate. These are the fees for filing a grant of probate as published by each Supreme Court, current at the date this was checked. They do not include legal fees, the cost of death certificates, or valuations.

Two details catch people out. New South Wales calculates the fee on the gross value of NSW assets, and Victoria on the gross value of Victorian assets only. (Sources: supremecourt.nsw.gov.au and supremecourt.vic.gov.au, checked 2 Oct 2026) And Victoria charges the separate $38 to post the notice of intention online. (Source: supremecourt.vic.gov.au, checked 2 Oct 2026)

Legal fees are a separate question, and they vary with the estate and the firm. Ask for a written estimate before work starts.

How to make it far easier in advance

The court is rarely the slowest part. The slow part is the executor not knowing what exists. You cannot value or list assets you cannot find, and the fee itself depends on that value in most states.

When someone has written down their accounts, property, super, insurance and where the original will is kept, the executor can move through the process far faster. That is what The Estate Organiser is for: one record that hands your executor the full picture. It is a book you fill in on your own computer or print and write in by hand, and nothing is stored online. If you are the executor right now, the free Executor Toolkit gives you a step-by-step roadmap.

Common questions about probate

What is probate in Australia?

It is the Supreme Court's grant confirming the will and the executor's authority to act. NSW Trustee and Guardian says the executor named in the will is formally appointed by applying to the Supreme Court and being granted probate. (Source: tag.nsw.gov.au, checked 2 Oct 2026)

How long does probate take in Australia?

It varies by state. Western Australia's Supreme Court aims to process applications within four weeks, Courts SA says a straightforward grant should issue in under 4 weeks, and in Victoria you must advertise for at least 15 days before applying. (Sources: supremecourt.wa.gov.au, courts.sa.gov.au and supremecourt.vic.gov.au, checked 2 Oct 2026)

How much does probate cost in Australia?

The court filing fee depends on the state and usually the estate's value. At the date this was checked it was $847.60 in Queensland and $418 in Western Australia whatever the value, and in Victoria $0 where Victorian assets are under $250,000. (Sources: courts.qld.gov.au, supremecourt.wa.gov.au and supremecourt.vic.gov.au, checked 2 Oct 2026)

Is there a probate fee in NSW for small estates?

The Supreme Court of NSW fee schedule from 1 July 2026 lists the probate filing fee as nil where the sworn gross value of NSW assets is less than $100,000. (Source: supremecourt.nsw.gov.au, checked 2 Oct 2026)

Does the court decide whether probate is needed?

No. The Supreme Court of Victoria says it does not determine whether probate is required. The Northern Territory registry suggests asking each asset holder whether they need a grant. (Sources: supremecourt.vic.gov.au and supremecourt.nt.gov.au, checked 2 Oct 2026)

How long after probate can an executor distribute the estate?

In NSW, NSW Trustee and Guardian says an executor should not distribute any earlier than 6 months after the date of death, and 30 days after a notice of intention to distribute is published. Other states set their own rules. (Source: tag.nsw.gov.au, checked 2 Oct 2026)

Related guides

• Probate checklist Australia: how to apply, state by state
• Executor of a will in Australia: duties and checklist
• What to do when someone dies in Australia
• What happens if you die without a will in Australia?

Educational content only. Not legal, financial or tax advice. Estate laws vary across Australian states and territories. Always consult a qualified professional about your specific situation. Court fees change, generally on 1 July each year.

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