When a parent dies leaving a modest bank balance, a few shares and some superannuation, families often ask whether they really need to go to court. When the children live in different countries, every step of paperwork feels heavier.
In Australia, a grant of probate (where there is a will) or letters of administration (where there is not) is not a legal requirement for every estate. Whether you need one depends mostly on what the deceased owned, how it was held, and what each institution holding the assets will accept. This article explains how that works in practice, with a focus on Victoria and New South Wales.
The short answer: it depends on the assets
The Supreme Court of Victoria’s guidance says plainly that not every estate needs a grant, and that estates are often administered informally. It also says that where the deceased owned real estate solely or as a tenant in common, a grant is always required. Between those two points, the answer depends on each asset holder.
Start by sorting the assets into three groups:
- Assets that pass outside the estate, such as jointly owned property and most superannuation.
- Small assets an institution may release without a grant, such as a modest bank account.
- Assets that almost always need a grant, especially land in the deceased’s sole name or held as a tenant in common.
Banks
Australian banks can choose to release funds from a deceased person’s account without a grant, usually where the balance is small and nothing is complicated. They set their own limits and conditions, and these vary between institutions and change over time.
Each bank publishes its own deceased estate limit, and some set a lower limit where the estate representatives live overseas. A bank can still require a grant at its discretion, so always ask each bank directly.
Below the limit, a bank will typically ask for proof of death, the will or proof of relationship, identification, and signed declarations. Some banks ask for an indemnity, which means that the person receiving the money promises to repay the bank if someone else turns out to be entitled.
Share registries
Shares are held through a share registry, which acts for the listed company. Registries have their own policies. For smaller holdings, they may transfer or sell shares on the basis of a death certificate, a copy of the will and a statutory declaration, sometimes with an indemnity. For larger holdings, they usually want a grant.
Jointly owned assets
Assets held as joint tenants pass automatically to the surviving owner by survivorship. They do not form part of the estate, and no grant is needed to deal with them.
- Joint bank accounts: the Victorian Supreme Court notes that a death certificate may be enough for the surviving holder to access the money.
- Jointly owned land in Victoria: the survivor lodges an application by surviving proprietor with Land Use Victoria. Its guide states that the accompanying statutory declaration is enough proof of death.
- Jointly owned land in NSW: the survivor records the death with NSW Land Registry Services using a notice of death.
Property held as tenants in common is different. The deceased’s share forms part of the estate and does need a grant.
Superannuation
Super is not automatically part of the estate. The fund trustee pays the death benefit, often directly to a nominated beneficiary under a valid binding nomination, or otherwise at the trustee’s discretion to a spouse, dependant or the legal personal representative. If the trustee decides to pay the estate, it may then ask for a grant. Contact the fund early.
Land titles offices almost always require a grant
If the deceased owned land in their sole name, or as a tenant in common, the executor or administrator must prove their authority to the land registry before the property can be sold or transferred.
- Victoria: Land Use Victoria’s guide to applications by a legal personal representative requires evidence of the grant of probate or letters of administration.
- NSW: a transmission application must refer to the grant. The main exception is where NSW Trustee and Guardian administers the estate and uses its own statutory certificate.
In practical terms, if there is a house or apartment in the deceased’s sole name, plan for a grant.
Is there a simplified procedure for small estates?
Victoria offers a small estates optional service through the Supreme Court’s Probate Office. It does not avoid a grant. Instead, Probate Office staff help prepare the paperwork for a grant of probate or letters of administration in a simple estate. The estate must be below a value limit that is updated each financial year. For deaths between 1 July 2026 and 30 June 2027 the limit is $137,210 (as at October 2026). The service is not available in some situations, for example where the applicant acts under a power of attorney, the original will is missing, or minors are entitled under an intestacy.
In NSW, the usual approach for a small estate is to ask each asset holder whether it will release without a grant. Where real estate is in the deceased’s sole name, a grant will be needed.
Risks of acting without a grant
Informal administration is common and often sensible, but it carries risks:
- Personal liability: a person who collects and distributes estate assets without a grant can be liable to creditors or beneficiaries who should have been paid.
- Debts and tax: the ATO expects tax owing to be provided for before assets are distributed, and the date of death tax return still has to be dealt with.
- Disputes: if a family member later challenges the will or brings a family provision claim, an informal distribution can be hard to unwind.
- Intermeddling: an executor who starts dealing with the estate may lose the ability to renounce later.
Checklist: do we need probate?
- List every asset and how it was held: sole name, joint tenants or tenants in common.
- Check whether there is any land in the deceased’s sole name or as a tenant in common. If so, plan for a grant.
- Contact each bank, share registry and super fund and ask, in writing, what it requires.
- List all known debts, including credit cards, loans, aged care fees and tax.
- Find out whether any family member is unhappy with the will or may make a claim.
- If family members live overseas, check each institution’s rules for overseas representatives.
Frequently asked questions
Do I need probate if there is no house?
Not necessarily. If the remaining assets are modest bank accounts, small shareholdings and super paid directly by the fund, the institutions may release them without a grant. Each one decides for itself, so check before assuming.
How much money can a bank release without probate in Australia?
There is no single national figure. Each bank sets its own limit and conditions, and may still insist on a grant. Some banks apply a lower limit where the executors live overseas.
Do I need probate if the house was jointly owned?
If the house was held as joint tenants, it passes to the surviving owner without a grant, through a survivorship application or notice of death. If it was held as tenants in common, the deceased’s share needs a grant.
Is there a small estate procedure in Victoria?
Yes. The Probate Office offers an optional service to help prepare a grant application for simple estates below an annually updated limit. It still results in a grant, but can make the process easier for families without a lawyer.
How Chua Tan Associates can help
Chua Tan Associates helps families work out whether a grant is actually needed, and if not, how to collect the assets safely. We can contact banks, registries and super funds on the family’s behalf, identify land that will need a grant, and apply for probate or letters of administration when it is the better path. For families with members overseas, our notary public can help with signing and certifying documents, and we work with local lawyers abroad where there are assets outside Australia. We assist clients across Australia and overseas, and advise in English, Mandarin and Cantonese.
Related reading
Chua Tan Associates acts for families, executors, trustees and their professional advisers in estate planning, estate administration and estate disputes in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal or tax advice.
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