Do I Need Probate? A 2-Minute Check

Answer five questions for a general indication. It is based on Victorian practice; the other states are broadly similar.

What is probate?

Probate is the Supreme Court’s confirmation that a Will is valid and that the executor can deal with the estate. Where there is no Will, the equivalent grant is letters of administration.

What if I am overseas?

An executor can apply from overseas through an Australian lawyer, and documents can be signed before a notary or an Australian consular officer. See our work for overseas families and their lawyers.

Related guides

• Letters of administration (no Will)
• Estate planning: Will, power of attorney, medical decisions
• Testamentary trusts
• Superannuation and your Will
• Executor problems and disputes
• Checklist: the first 30 days after a death
• Professional executor & trustee services
• Wills & estates fees

General information only, not legal advice. It is based on Victorian law unless stated otherwise; the rules in other states and territories differ. Your circumstances should be assessed individually.