Probate, step by step
What the registry is checking, how long each stage takes, and the four costs that are not our fee.
Filed under
Probate
Published
Reading time
6 min
Written by
Vivian Chen
Written by
Vivian Chen
Principal solicitor
Every note is written by the solicitor who would do the work, not by a marketing team.
In short
The registry is confirming the last will and the right executor
Four to eight weeks to a grant on a clean application
Filing fees, advertising and searches are separate from any legal fee
Probate is the Supreme Court registry confirming two things: that the will in front of it is the last one, and that the person applying is entitled to administer the estate. Most estates holding real property or a substantial bank balance need it.
What the registry actually looks at
That the will is the last one, that it was signed and witnessed properly, that the executor named is the person applying, and that the inventory is complete enough to be sworn. Almost every requisition we see comes from an inventory that was rushed.
The order things happen in
Four to eight weeks to a grant on a clean application, then three to nine months to complete the administration. In order, it runs like this.
Advertise the intention to apply, then wait fourteen days
File the application with the will, death certificate and inventory
Receive the grant, or answer a requisition and wait again
Collect assets, pay debts and tax, then distribute with statements
The costs that are not our fee
The registry filing fee is set on a scale according to the size of the estate. The advertisement is a fixed cost. Title searches and certified copies are charged as incurred. We itemise all of them separately from the fixed fee, so nothing arrives as a surprise.
When probate is not required
Small estates holding no land can often be released on an indemnity from the bank. Jointly held property passes to the survivor without a grant. Superannuation usually follows a nomination rather than the will. We check all three before filing anything, because the cheapest application is the one you did not need to make.
Why executors should not distribute early
A claim against the estate can be brought for six months after the grant. An executor who has already handed the money out can be personally liable for it, which is a hard conversation to have with your own family.
What to do next
Order several certified copies of the death certificate
List every account, policy and property with account numbers
Do not sell or transfer anything before the grant
Send us the will and we will tell you within a day whether probate is needed
This note is general information, not advice about your matter. Your circumstances change the answer, which is what the first fifteen minutes are for.
