Probate support, Australia-wide
Probate preparation, so the paperwork is ready before anyone has to ask for it.
When someone dies, the executor is often handed a job they have never done before, at the hardest possible time. A clear probate preparation checklist and an organised executor information pack make that job far lighter. We help families understand the process, work out whether probate may be needed, and gather what a solicitor or the court will usually ask for.
Based in Adelaide, South Australia
Telehealth consultations available nationally
Plain language, not legal jargon
The probate process
How probate works in Australia, in plain terms
Probate is the formal recognition by a court that a will is valid and that the executor named in it has the authority to collect the assets, pay the debts and distribute what is left. Where there is no valid will, the court may instead grant letters of administration to an eligible person, usually a close relative.
Every Australian state and territory has its own court, forms and rules, so the detail differs depending on where the person lived and where their assets are. The broad shape, though, is similar across the country: locate the will, identify the assets and debts, prepare the application and supporting documents, lodge them with the court, and wait for the grant before the estate is finalised.
A worked example: South Australia
In South Australia, probate is granted by the Supreme Court of South Australia through its Probate Registry, and applications are lodged online through the CourtSA portal. Before applying, a notice of intended application usually must be published in line with the court's requirements. The application itself is generally supported by the original will, the death certificate, an affidavit from the executor and a statement of the assets and liabilities of the estate.
None of these steps is complicated on its own. What makes probate feel heavy is that the information is scattered across drawers, inboxes, banks and the memories of people who are grieving. That is the part we help with. For a fuller walk through the paperwork, see our probate checklist for Australia, and if you are in South Australia, our guide to deceased estates in SA.
Do I need probate?
Working out whether probate may be required
Not every estate needs a grant. Whether probate is needed usually depends on what the person owned and, just as importantly, how each asset was held. These are general patterns only; the final answer always comes from the institutions involved and, ideally, a solicitor.
- —Real estate in the deceased's sole name. This usually needs a grant of probate or letters of administration before it can be sold or transferred.
- —Jointly held assets. A home or bank account held as joint tenants usually passes directly to the surviving owner, without probate.
- —Bank accounts and shares. Each bank or institution sets its own threshold for releasing funds without a grant. Ask each one directly, in writing if you can.
- —Superannuation and life insurance. These are often paid according to a nomination and may sit outside the estate altogether, but that depends on the fund and the type of nomination.
- —Assets in more than one state. Property or accounts held interstate can add steps, and are a good reason to speak with a solicitor early.
We explore this question in more depth in does every estate need probate? It is general information, not legal advice, but it will help you ask better questions. If probate turns out not to be needed, or you plan to apply without a lawyer, see how we can still help.
Document preparation
Your probate preparation checklist
Whether the estate is handled by a solicitor or by the executor, the same information is needed. Gathering it into one executor information pack saves time, cost and repeated phone calls.
The will and key certificates
The original signed will and any codicils, the death certificate, and where relevant marriage or divorce documents. Note where the original is held, as courts usually require it.
Property and land
Addresses, title details and how each property is owned — solely, as joint tenants or as tenants in common — plus recent rates notices and any mortgage statements.
Bank accounts and investments
Every account, term deposit and shareholding, with institution names, account numbers and approximate balances at the date of death.
Superannuation and insurance
Fund and policy details, member numbers, and copies of any death benefit nominations, so you can see what may fall outside the estate.
Debts and liabilities
Credit cards, loans, outstanding bills, aged care fees and tax matters. The court and the solicitor will both want a clear picture of what is owed.
People and contacts
Beneficiaries and their contact details, the accountant, financial adviser and any solicitor who drew up the will. A short list here prevents weeks of searching.
If you have been named as executor and want to understand the wider role, our page on executor preparation and the article executor responsibilities explained are good next reads.
Probate readiness workbook
Prepare on your own, or with us beside you
The best time to prepare for probate is before it is needed, while the person whose estate it is can still explain where things are. Start with the workbook, or book a guided session by telehealth from anywhere in Australia.
Estate Readiness Workbook
Self-guided and printable, with a document locator, financial inventory, executor readiness checklists and probate preparation checklists. Instant download, no appointment needed.
$99
Download the Estate Readiness WorkbookEstate Readiness Consultation
A 90-minute guided consultation covering document organisation, decision-makers and executor readiness, with a full assessment, a printable folder and a personal action plan.
$595
Book an Estate Readiness ConsultationHas someone already died? In South Australia, our Estate Administration Support service (from $4,400, tiered by complexity) offers hands-on help. We gather every document into a probate-ready pack for the estate's solicitor, so the family is not left chasing paperwork while grieving.
DIY probate in Australia
Where probate support from us fits
Some executors choose to apply for probate themselves, particularly when an estate is small and simple. For complex estates, blended families, business interests or any disagreement, a solicitor is strongly recommended. Either way, organised information is what makes the process move.
01
We help you understand the process.
What probate is, what usually happens next and which questions to take to a solicitor or the court.
02
We help you gather and organise.
Documents, accounts, contacts and decisions, brought together into one clear executor information pack.
03
Your solicitor, or you, takes it from there.
We never lodge applications or promise outcomes. We make sure whoever does starts with a complete picture.
Probate preparation sits naturally alongside broader estate readiness. Care & Legacy Advisors are happy to go through the process alongside you.
We do not provide legal advice and we do not complete legal documents on your behalf.
No probate, or no lawyer?
When probate isn't required, or you're applying without a lawyer
Many families are relieved to hear that probate may not be needed, or that they can apply for it themselves. But either way, the estate still has to be wound up. Someone still has to notify banks, Centrelink, super funds and utility providers. They still have to collect assets, pay debts and the final bills, sort out the last tax return and pass things on to the right people. Without a solicitor running the file, all of that falls to the executor or family, usually in the hardest months of their lives.
That's where we come in. We're not a law firm, but we are very good at the practical side: the paperwork, the phone calls, the follow-ups and keeping track of what's done and what isn't.
If probate isn't required
We help you wind up the estate, step by step
- —Build a complete list of assets, accounts, debts and contacts
- —Request each bank's and institution's own release forms and requirements
- —Coordinate notifications to Centrelink, super funds, insurers, utilities and subscriptions
- —Keep a clear record of what's been collected, paid and distributed
- —Flag anything that suggests a grant, an accountant or a solicitor is needed after all
If you're lodging without a lawyer
We get everything ready so you can apply with confidence
- —Gather the documents an application usually needs: the original will, death certificate and asset and liability details
- —Organise valuations, balances at the date of death and ownership details into one probate-ready pack
- —Walk you through the general steps of the process, including the notice of intended application
- —Keep a task list and timeline so nothing is missed between steps
- —Support you after the grant, when assets are collected and the estate is distributed
Where we stop. You, as executor, complete and lodge the application yourself, through the CourtSA portal in South Australia. We don't fill in court forms, give legal advice or act for you with the court. If the estate turns out to be complex, or anyone disagrees, we'll tell you plainly that it's time to speak with a solicitor, and your organised pack will save time and cost when you do.
This hands-on help is part of our estate administration support in South Australia. The scope and fee are agreed in writing before any work begins, and are often less when probate isn't needed. Elsewhere in Australia, a telehealth consultation and the Estate Readiness Workbook can help you plan each step. Not sure which applies? Start with does every estate need probate? or our probate checklist.
Care & Legacy Advisors are happy to go through the process alongside you.
Questions
Probate preparation, answered plainly
What is probate?
Probate is the court's formal recognition that a will is valid and that the named executor has authority to deal with the deceased person's estate. In South Australia it is granted by the Supreme Court of South Australia through its Probate Registry. Each state and territory has its own court and process.
Do I need probate?
It depends on what the person owned and how those assets 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 rules for releasing funds without a grant, so it is best to ask each one and confirm with a solicitor.
What if there is no valid will?
Where there is no valid will, the court may instead grant letters of administration to an eligible person, usually a close relative. The process and the people entitled to apply are set by the law of each state, so legal advice is recommended.
Can I do probate myself in Australia?
Some executors do apply for probate themselves, particularly for straightforward estates. For complex estates, family disagreement or anything unclear, a solicitor is strongly recommended. Our role is to help you organise and prepare the information, not to lodge the application.
What is in the Estate Readiness Workbook?
The $99 self-guided Estate Readiness Workbook includes a document locator, a financial inventory, executor readiness checklists and probate preparation checklists. It is an instant download and works for families anywhere in Australia.
Do you prepare or lodge probate applications?
No. Care & Legacy Advisors is not a law firm. We do not provide legal advice and we do not prepare or lodge legal documents. We help you gather and organise information so your solicitor, or you as executor, can work from a complete picture.
Someone has already died. Can you help now?
Yes. In South Australia, our Estate Administration Support service, from $4,400 depending on complexity, gathers every document into a probate-ready pack for the estate's solicitor. Outside South Australia, an Estate Readiness Consultation by telehealth can help you plan your next steps.
What happens if probate isn't required?
The estate still needs to be wound up. Institutions must be notified, assets collected using each bank's or fund's own release process, debts and final bills paid, the final tax return finalised and assets passed to beneficiaries. In South Australia, our estate administration support can manage these practical steps alongside the executor, with the scope and fee agreed in writing first.
Can you help if I'm applying for probate without a lawyer?
Yes, with the preparation. We gather and organise the documents and information an application usually needs, explain the general steps and keep a task list so nothing is missed. You complete and lodge the application yourself, for example through the CourtSA portal in South Australia. We don't fill in court forms or give legal advice, and we'll suggest a solicitor if the estate turns out to be complex.
General information only, current at the time of writing. It is not legal, financial or medical advice and does not take your circumstances into account. Requirements differ between states and territories — please confirm the current position for your jurisdiction, and speak with a solicitor about legal questions.
Related guides
Probate preparation
Probate Checklist For Australian Families
A practical probate checklist to help executors gather the right documents, understand the steps and feel more prepared, whether working with a solicitor or not.
Read the guide →
Probate preparation
Does Every Estate Need Probate?
Not every estate needs a grant of probate. Learn the common factors that decide it, what executors can organise in the meantime, and when to ask a solicitor.
Read the guide →
Executor preparation
Executor Responsibilities Explained
Been named as an executor, or choosing one? Here is a plain-language overview of executor responsibilities and how to prepare for the role.
Read the guide →
Ready for probate, long before anyone needs to be.
Care & Legacy Advisors are happy to go through the process alongside you. Based in Adelaide, South Australia, with telehealth consultations available nationally.
Or email janerooke@careandlegacy.com.au