Probate Checklist For Australian Families

When someone dies, the person named as executor often faces a long list of tasks while still grieving. A clear probate checklist can bring some order to that time. It helps you understand what information is needed, what steps usually follow and where to find support. This guide offers a practical probate preparation checklist for Australian families, whether you are working with a solicitor or considering doing some of it yourself.

Requirements differ between states and territories, so treat this as a general guide and confirm the details with a solicitor or the relevant court.

What is probate?

Probate is a grant from the Supreme Court in the relevant state or territory confirming that a will is valid and that the executor has authority to manage the estate. Where there is no valid will, the court may instead grant letters of administration to an appropriate person.

Not every estate needs probate. It usually depends on the assets and how they were held. Real estate in the deceased's sole name usually needs a grant, while jointly held assets usually pass to the surviving owner. Banks and other institutions set their own thresholds for releasing funds without a grant, and superannuation and life insurance are often paid by nomination and may sit outside the estate. Our article does every estate need probate? explores this further.

Before you begin: first steps

Before working through the main probate checklist, a few early tasks set you up well:

• Obtain several certified copies of the death certificate
• Locate the original will and any codicils (changes to the will)
• Secure the home, vehicles and valuables
• Make a note of any urgent bills or regular payments
• Decide whether you will engage a solicitor, and contact them early

The probate checklist: documents to gather

Much of the work in preparing for probate is gathering accurate information. This list forms the basis of a good executor information pack.

Personal documents

• Original will and any codicils
• Death certificate
• Birth and marriage certificates, or divorce papers if relevant
• Details of the executor(s) and beneficiaries named in the will

Assets

• Property titles, council rates notices and recent valuations
• Bank, building society and credit union statements as at the date of death
• Share, managed fund and investment statements
• Vehicle registration papers
• Details of valuable personal items, such as jewellery or collections
• Any money owed to the deceased

Liabilities

• Mortgages and loan statements
• Credit card statements
• Outstanding bills, including utilities and aged care fees
• Funeral invoice
• Any tax owing or tax returns not yet lodged

Superannuation and insurance

• Superannuation fund details and any binding or non-binding nominations
• Life insurance policies and beneficiary details
• Funeral bond or prepaid funeral plan paperwork

Digital and household information

• A list of online accounts, email addresses and subscriptions
• Details of regular direct debits and automatic payments
• Contact details for the deceased's solicitor, accountant and financial adviser
• Any safe, deposit box or storage unit and where the keys are kept

Having these documents organised in one place makes the process much smoother for everyone involved. A simple folder, with a summary page listing each item and where the original is held, is often all you need. Keep copies of any letters you send and note the date and reference number of every phone call. Those small habits save a surprising amount of time when an organisation asks for something twice.

The probate process: typical steps

The exact steps vary by state, but the general flow often looks like this:

1. Confirm whether probate is needed. Contact banks and other institutions to ask about their requirements, and seek advice where property is involved.
2. Prepare an inventory of assets and liabilities. Most courts ask for detailed information about the estate.
3. Publish a notice, if required. In South Australia, a notice of intended application usually must be published before applying. Check the court's current requirements.
4. Prepare and lodge the application. In South Australia, applications are lodged online through the CourtSA portal to the Probate Registry of the Supreme Court of South Australia. Other states have their own systems.
5. Respond to any court queries. The registry may ask for more information or corrections.
6. Receive the grant. Once granted, the executor can use it to collect assets and deal with property.
7. Administer and distribute the estate. Pay debts, attend to tax and distribute to beneficiaries according to the will.

For a broader overview of the role, see executor responsibilities explained.

A note on DIY probate in Australia

Some executors choose to apply for probate themselves, particularly for straightforward estates. DIY probate in Australia is possible in many cases, but it does involve careful paperwork, court requirements and legal responsibilities. A solicitor is recommended for complex estates, such as those with several properties, business interests, overseas assets, unclear wills or the possibility of a family dispute.

Whichever path you choose, having your information well organised saves time and, often, cost. If you work with a solicitor, a complete executor information pack means they can focus on the legal steps rather than chasing documents.

Support for South Australian families

If you are an executor in South Australia, our estate administration support service gathers every document into a probate-ready pack for the estate's solicitor. We don't provide legal advice or lodge applications; our role is to organise and prepare the information so the legal process runs more smoothly. You can learn more about how deceased estates work locally in our guide to deceased estate administration in South Australia.

For families elsewhere in Australia, our probate preparation page and the Estate Readiness Workbook are good places to start, and we offer telehealth consultations nationally.

Planning ahead makes probate easier

If you are reading this while planning your own affairs, the best gift you can give your executor is organisation. Keep your will somewhere safe and known, record your assets and debts, review your super nominations and tell your executor where to find everything. Our executor preparation page explains how.

Where to from here

A probate checklist won't take away the grief of losing someone, but it can ease some of the uncertainty. Take it one step at a time, ask for help when you need it and remember that you don't have to work it all out alone. Care & Legacy Advisors are happy to go through the process alongside you.