Willfully - Legally Binding Wills for Australians

What is probate and why is it so important

So, what exactly is a "Grant of Probate"? Put simply, it’s the Supreme Court giving a Will its official stamp of approval. It’s the court saying, "Yes, this Will is legit, and the executor named in it has the power to start sorting out the deceased's assets"—their money, property, and belongings.

Without that legal green light, banks, land registries, and other institutions won't release any assets, leaving the entire estate in limbo. To make sense of it all, it helps to know the key players:

Executor: The person (or people) the Will names as responsible for carrying out the instructions.
Administrator: If there's no Will or the named executor can't do the job, the court appoints an administrator to manage the estate.
Beneficiary: Anyone who is supposed to inherit something from the estate.

The courts can issue a few different types of grants, depending on the situation. As the Supreme Court of Victoria outlines, the main types are:

Grant of Probate: This is the most common one. It's used when there’s a valid Will and the executor is ready and able to take on the role.
Letters of Administration with the Will Annexed: This sounds more complicated than it is. It just means there's a valid Will, but the named executor can't or won't act (maybe they've passed away or declined the job). The court then appoints someone else.
Letters of Administration: This is for when someone dies "intestate," meaning they didn't leave a valid Will. In this case, the court appoints an administrator, usually a close relative, to manage the estate based on a set legal formula.

An infographic explaining the three main types of grants issued by Australian courts before probate is granted australia: Grant of Probate, Letters of Administration with the Will Annexed, and Letters of Administration.

A smooth probate process really starts with a clear, legally sound Will. But the document itself is just one part of it. A platform like Willfully helps you create a complete "estate capsule." You can think of it as a detailed roadmap for your executor, gathering all the critical information they'll need in one secure place. This can make a real difference, cutting down on confusion and delays when it’s time to apply for probate.

The first step: Checking for a notice of intention

Before an executor can even apply for probate, some states and territories make them publish a "notice of intention". This is essentially a public heads-up that they plan to ask the court for a Grant of Probate. It gives creditors or anyone else with an interest in the estate a chance to come forward.

Finding this notice is often the first real sign that the probate process is underway. It will usually include the deceased's name and details, plus contact information for the executor or their lawyer. If you find one, you can use those details to reach out and ask for an update.

A workflow diagram showing the initial steps an executor takes before probate is granted australia, including publishing a notice of intention and observing a waiting period.

Here’s a breakdown of where to look for these notices, since each jurisdiction is different.

Where to find notices of intention to apply for probate

State/Territory	Where to Look	Typical Waiting Period After Notice
New South Wales	Notice is automatically published on the NSW Online Registry when the application is submitted.	14 days
Victoria	Supreme Court of Victoria's website.	At least 15 days
Queensland	Queensland Law Reporter (QLR) Probate Notice Database.	At least 14 days
ACT	ACT Supreme Court website.	At least 14 days
Northern Territory	NT Supreme Court webpage.	At least 14 days
WA, SA, TAS	No mandatory public notice required before applying, but some executors may still publish in local papers.	N/A

If you have a look and can't find a notice, don't panic. It might just mean an application hasn't been started yet, or you're in a state where publishing one isn't required.

How to find out if probate has been granted in Australia

This is what you really want to know. After the waiting period for the notice is over (if there was one) and the executor has filed all the paperwork, the court reviews the application. If everything looks good, the court issues the Grant of Probate. This grant then becomes a public record, but you need to know where to find it.

Here's a step-by-step breakdown for each state and territory.

New South Wales (NSW)

In NSW, your first stop should be the NSW Online Registry. You can search for probate notices for any applications filed on or after 21 January 2013. If you find a notice, you know an application has at least been lodged.

To check the actual status, you'll need to contact the Supreme Court of NSW Probate Registry. You can call them on 1300 679 272 or email sc.probate@justice.nsw.gov.au. Just make sure you have the case number from the public notice handy, as they'll need it to find the file.

For much older records, from 1800 to 1976, you'll have to do some digging in the NSW State Archives.

Victoria (VIC)

Thankfully, Victoria makes this part pretty easy. The simplest way to check is by searching the Probate Office application index on the Supreme Court of Victoria's website. The search results will clearly show the application's status. If it says "Application granted," you’ve got your answer.

If you need a copy of a file lodged on or after 1 July 2020, you have to submit a search request through the RedCrest-Probate portal. This means creating an account and paying a small search fee.

For older applications filed before that date, you'll need to reach out to the Public Record Office Victoria.

Queensland (QLD)

In Queensland, you can check public court records using the QLD probate search tool. You'll need to put in the deceased's name, and the search will show if a grant application has been filed and what its current status is. If you don't see anything, it's likely an application hasn't been made yet.

If you need a copy of any documents, like the Will or the grant itself, you'll have to use the court's search and copy service and pay the fees.

Western Australia (WA)

Now, for WA, things get a bit more old-school. There isn't a simple online search function for probate. You'll need to download a Search Enquiry Form from the Supreme Court of WA website.

Once you've filled it out, you have to email it to the probate office at supremecourt.probate@justice.wa.gov.au and include your payment details for the search fee. If you need more help, you can call the Probate Office directly on (08) 9421 5152.

South Australia (SA)

For South Australia, you'll have to use the CourtSA portal. You need to create an account and log in before you can search the probate registry.

Finding older grants takes a bit more work. For records from 1917-1979, your best bet is to email the court at enquiry@courts.sa.gov.au. For even older records from 1844-1916, you can search the FamilySearch website, though you'll need to create a free account first.

Tasmania (TAS)

In Tasmania, the most direct way is to contact the Probate Registry of the Supreme Court of Tasmania. You can send your question via email to probate@supremecourt.tas.gov.au or give them a call on 1300 664 608.

If you want a copy of a grant, you must fill out a Search Request Form and pay a fee. Just be ready for a bit of a wait, as search requests can take up to 28 days to process.

Australian Capital Territory (ACT)

You can start by searching for probate notices on the ACT Supreme Court website. This will at least tell you if an application is in the works.

Once the grant has been issued, you can request a copy of it, but you'll need to submit a formal request and pay the court fees.

Northern Territory (NT)

For the NT, your first stop should be the active notices on the NT Supreme Court's probate page. One important thing to know is that these notices are taken down from the site once probate has been granted.

So, if you don't see a notice listed, it's a good idea to email the Probate Officer directly at ProbateOfficer.NT@nt.gov.au or call the registry in either Darwin or Alice Springs to ask what's happening.

What happens after probate is granted?

Getting the Grant of Probate is a huge milestone, but it’s not the finish line. It's more like the official starting pistol for the executor to begin the final, and most critical, part of their job.

Here's what an executor usually does after probate is granted:

Collect and Secure Assets: With the grant in hand, the executor can now legally access the deceased's assets. This means closing bank accounts, selling or transferring property, and pulling everything into a new estate bank account.
Pay Debts and Taxes: Next up, they have to settle all the outstanding bills. This includes everything from funeral costs and credit card debts to filing the final tax returns for the deceased person and the estate.
Wait for Claims: This is a big one. In most parts of Australia, it's strongly recommended that an executor waits at least six months from the date probate was granted before handing out any assets. Legal experts in both Queensland and Victoria point out that this period gives anyone who wants to legally challenge the Will (known as a Family Provision Claim) a window to do so.
Distribute the Estate: Once all debts are paid and the claim period has safely passed, the executor can finally give the remaining assets to the beneficiaries as laid out in the Will.

A flowchart outlining the four key steps an executor must take after probate is granted australia: collecting assets, paying debts, waiting for claims, and distributing the estate.

Before making those final payments, a thorough executor will usually prepare a distribution report for the beneficiaries. This report should clearly show all the assets that were gathered, all the debts that were paid, and how each person's share was worked out.

This is where having a well-organised estate plan really pays off. An executor's job is so much easier when they have a clear guide to follow. With Willfully, you can build an "estate capsule" that organizes everything your executor needs to know, from life insurance policies and superannuation details to where to find your pet's vet records. It takes the guesswork out of the process and helps the executor do their job with confidence.

For a visual summary of the entire process, from understanding what probate is to the executor's final duties, the following video offers a clear and concise overview.

Making the probate process smoother for your loved ones

So, let's wrap this up. Probate is the court's official nod for a Will. Finding out if it's been granted means checking specific state registries, and an executor's job keeps going long after the grant is issued.

While this guide can help you figure out what's happening from the outside, the best thing anyone can do is prepare from the inside.

The tricky parts of the probate system really show how valuable good, clear estate planning is. When you create a legally sound Will and a complete estate plan, you're not just ticking off a task. You're handing your executor a clear roadmap and saving your loved ones from a mountain of stress, delays, and confusion.

Take the first step towards giving your loved ones that peace of mind. Visit Willfully to build your estate capsule and make sure the process is as smooth as possible for the people you care about most. It’s one of the kindest things you can do to make a hard time just a little bit easier.