Step 27 – Deceased Estate Administration Guide
Apply for Grant of Probate or Letters of Administration
- Last Updated: March 2022
What is Probate and do you need it? This step explains everything you need to know to help determine if an application to the Supreme Court for Grant of Probate or Letters of Administration is needed and what type of application may suit your circumstances. The application process for the various States/Territories is explained to help you with this key step.
Overview
As the Executor, Administrator or Next of Kin you may need to apply for a Grant of Probate or Letter of Administration. You need to apply to the relevant Supreme Court to obtain approval that authorises the Executor or Administrator to properly administer the deceased estate. This means that larger amounts (often over $50,000) can then be transferred or claimed on behalf of the deceased estate. This court document will be requested by the relevant Organisation who releases the funds or makes a transfer (e.g. Title Office, Bank, Insurance, Superannuation etc.).
This step will help you:- determine if an application is required;
- select which type of application you need for your situation;
- prepare the necessary documents; and
- apply to the relevant Supreme Court.
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27.1 Determine if Grant of Probate or Letters of Administration is Needed
By now you have finalised the total estate value by having compiled a detailed list of all the money, property, real estate, personal belongings, chattels, other valuables and any debts of the deceased person. The simplyEstate Assets & Liabilities Inventory helps you to put this together.
In Steps 12 – 25 you have been in contact with the relevant government departments, companies and organisations that the deceased had dealings with to determine the individual value of accounts, benefits and claims that will be paid into the estate. While you were in contact, the organisation may have already informed you if a Grant of Probate or Letter of Administration is required for them to transfer or release funds or titles to the estate based on their deceased estate transfer policy.
Generally speaking, each organisation has a specific Dollar-limit in place. Once the total account, claim or benefit value from that one organisation exceeds their limit, a Grant of Probate or Letters of Administration will be required to authorise the transfer or release of funds into the ‘Estate of the Late’ bank account. You should open such an account as detailed in Steps 19.8 – Why Open an ‘Estate of the Late’ Bank Account and 30.1 – Set-up the Deceased Estate.
Note: Where no Grant of Probate or Letter of Administration are needed for the estate administration and distribution, a Next of Kin can also request funds in the deceased person’s name to be transferred to their personal account. You must take utmost care to keep a record of the estate funds and transactions.The simplyEstate Assets & Liabilities Inventory has identified if you may need to apply for grant of probate or letter of administration based on generic limits. Note that these limits vary between different organisations. It is best to check with each organisation when requesting a transfer, benefit payment or claim. The inventory also helps you determine which assets form part of the estate and which do not, such as jointly owned assets, which generally transfer to the surviving joint owner without needing a Grant of Probate or Letter of Administration.
Some examples may help you understand when a Grant of Probate or Letters of Administration is likely needed:- When the value of the estate is large;
- when an individual account, benefit or claim transferred to the estate is large (generally over $50,000 but may be lower);
- when you foresee possible disputes and/or claims against the estate by family members, beneficiaries or other parties and you as the Executor or Administrator want to protect yourself;
- when assets are owned by the deceased person in their sole name or as tenants in common (the deceased person’s share); and/or
- when an organisation has specific requirements for Grant of Probate or Letter of Administration to release funds or essets.
The following matrix will help you determine if a Grant of Probate is required by checking this for each asset identified.

*The Dollar-limit of $50,000 is an average figure and varies between government departments, companies and organisations, which you should confirm with each. This is illustrative only and serves as a guide as per our Terms & Conditions, which are available here.
If no Grant of Probate or Letters of Administration is required, the standard deceased estate administration process takes place by which you as Executor or Next of Kin would generally:- provide the deceased person’s details to the organisation that will release the asset;
- prove the death by providing the Death Certificate;
- provide the Will if available;
- establish your relationship to the deceased;
- provide your proof of identity; and
- any other document required to initiate the transfer.
Sometimes an organisation will also ask that the Executor or Next of Kin provide further information and sign an indemnity and release form to protect the organisation from other people making the same or similar claims on behalf of the same estate.
If the value is slightly above their value limit, you may be able to request special consideration from that organisation. Especially if Grant of Probate or Letter of Administration would only be needed for one organisation then an exception may be granted given the time, cost and effort required for the application to the Supreme Court. You should request, discuss and negotiate this with an organisation were this applies; best by issuing a formal letter by registered post.
27.2 Three Types of Court Applications
27.2.1 Grant of Probate with the Will Annexed
Where a Will is in place and you are nominated as the only Executor or one of many Executors and you take on the role by yourself or with other Executors nominated, then you should apply for a Grant of Probate with the Supreme Court in the relevant State/Territory. Refer to below Steps 27.3 and 27.4 to determine who is eligible to apply and to which court you need to apply to in your situation.
27.2.2 Letter of Administration with the Will Annexed
Where a Will is in place but none of the Executors nominated in the Will are willing or able to take on the role, the eligible person who will take on the role of Administrator should apply for Letters of Administration with the Will annexed with the Supreme Court in the relevant State/Territory. Refer to below Steps 27.3 and 27.4 to determine who is eligible to apply and to which court you need to apply to in your situation.
27.2.3 Letters of Administration without a Will
Where no Will is in place (also referred to as Intestate), the eligible person should apply for Letters of Administration with the Supreme Court in the relevant State/Territory. Refer to below Steps 27.3 and 27.4 to determine who is eligible to apply and to which court you need to apply to in your situation.
27.3 Who can Apply to the Supreme Court
27.3.1 Grant of Probate with the Will Annexed
With a Will that nominates one Executor
If the Executor nominated in the Will accepts the role to administer the deceased estate, the Executor can apply to the Supreme Court for a Grant of Probate.
If the Executor nominated in the Will has passed away, is unable or unwilling to take on the role to administer the deceased estate, one of the Beneficiaries can apply as the Administrator (not called Executor in this case) to the Supreme Court for Letters of Administration with the Will annexed as outlined in Step 27.3.2 and provide further documentation as outlined in Step 27.9 below.
With a Will that nominates multiple Executors
A Will may nominate multiple Executors by specifying a primary Executor (also known as instituted Executor) and a secondary Executor (also known as substituted Executor).
If the primary Executor accepts the role to administer the deceased estate, they can apply to the Supreme Court for Grant of Probate. If the secondary Executor accepts the role to administer the deceased estate, they can apply to the Supreme Court for a Grant of Probate if the conditions for substitution as outlined in the Will have been met.
A Will may also nominate multiple Executors that are not distinct as primary or secondary Executors and hence must act jointly (joint Executors), meaning they all are to be Executors and administer the deceased estate together. In this situation all Executors can apply to the Supreme Court together. If, however, one of the Executors has passed away, is unable or unwilling to take on the role to administer the estate, the remaining Executor(s) can apply for Grant of Probate and provide further documentation as outlined in Step 27.9 below.
Where a Will nominates multiple Executors and an Executor has passed away, is unable or unwilling to take on the duty, either an additional form, an Affidavit explaining the situation and, where an Executor has passed away, the Death Certificate of that Executor should be provided by the Executor who is applying to the Supreme Court.
27.3.2 Letter of Administration with the Will Annexed
With a Will that does not name an Executor
If the Will does not name an Executor, depending on your State/Territory the below listed persons can apply as the Administrator (not called Executor in this case) to the Supreme Court for Letters of Administration with the Will annexed. To avoid a dispute with other eligible applicants and Beneficiaries, it is recommended to agree your intention to apply prior to doing so as other eligible persons may also apply. A second application for the same deceased estate would mean your application is contested and may complicate matters unnecessarily.
With a Will and none of the Executors will apply
If the Executor nominated in the Will has passed away, is unable or unwilling to take on the role to administer the deceased estate, depending on your State/Territory the below listed persons can apply as the Administrator (not called Executor in this case) to the Supreme Court for Letters of Administration with the Will annexed and provide further documentation as outlined in Step 27.9 below.
The following persons are eligible to apply as Administrator:
The court will determine who is eligible to apply for Letters of Administration to administer the whole or parts of the estate.
Relevant LegislationADMINISTRATION ACT 1903 (WA) Section 36 (Austl.) (accessed 2/1/2021)
The sole or main Beneficiary as per the Will should apply to the Supreme Court.
Supreme Court of NSWApplying for Letters of Administration with the Will annexed, Paragraph 5 (accessed 2/1/2021)
The major Beneficiary as per the Will should apply to the Supreme Court.
Supreme Court of VICApplying for a grant of probate or administration, Step 2 (accessed 2/1/2021)
Relevant Legislation
UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Section 603 (Aust.) (accessed 2/1/2021)
27.3.3 Letters of Administration without a Will
Without a Will
If there is no Will and the deceased person passed away Intestate, depending on your State/Territory the below listed persons can apply as the Administrator (not called Executor in this case) to the Supreme Court for Letters of Administration. To avoid a dispute with other eligible applicants and Beneficiaries, it is recommended to agree your intention to apply prior to doing so as other eligible persons may also apply. A second application for the same deceased estate would mean your application is contested and may complicate matters unnecessarily.
The following persons are eligible to apply as Administrator:
One or more of the Beneficiaries or failing those any other person is eligible to apply for Letter of Administration.
Relevant LegislationADMINISTRATION ACT 1903 (WA) Section 25 (Austl.) (accessed 2/1/2021)
The following persons can apply for Letter of Administration as the Administrator of the deceased estate:
- Spouse;
- Next of Kin;
- Spouse and Next of Kin;
- a person that can be trusted as determined by the court; or
- a person as directed by the court.
PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 63 (Austl.) (accessed 2/1/2021)
The following persons can apply for Letter of Administration as the Administrator of the deceased estate:
- lawful spouse or domestic partner;
- children, excluding stepchildren, but including children adopted by the deceased;
- grandchildren;
- parents;
- brothers or sisters; or
- remoter next of kin.
Applying for a grant of probate or administration, Step 2 (accessed 2/1/2021)
Relevant Legislation
UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Section 610 (Aust.) (accessed 2/1/2021)
27.4 Which Supreme Court to Apply to
An application needs to be made based on the State/Territory in which the assets that require a Grant of Probate or Letters of Administration for release and transfer to the estate are registered and/or located. Each Supreme Court only has jurisdiction over their State/Territory. If the deceased person holds assets registered and/or located in more than one State/Territory that require a Grant of Probate or Letters of Administration, you may need to apply to multiple Supreme Courts or have the original Grant of Probate or Letters of Administration resealed in the relevant court(s).
The simplyEstate Assets & Liabilities Inventory helps you capture all assets and liabilities and immediately provides you with a guide if a Grant of Probate or Letter of Administration application are likely needed, which type of application and in which State/Territory.
27.5 Important Information
- The Statement of Assets & Liabilities should be completed before applying to the Supreme Court for Grant of Probate or Letters of Administration as it forms part of the application. This document outlines the value of the estate, what it is made up of and protects you as the applicant in case a Beneficiary or other person lodges a dispute with the Supreme Court against the estate. The simplyEstate Assets & Liabilities Inventory is a useful tool to compile all the estate’s assets and liabilities in one place. Refer to Steps 15 – 26 to determine the estate value if not already completed.
- Should the Statement of Assets & Liabilities change after lodgement, an amended Statement can be submitted to the Supreme Court with an Affidavit to ensure an accurate Statement is on file.
- An application for Grant of Probate or Letter of Administration can be lodged earliest 14 or 15 days after the date of advertising the notice of intended application (refer to Step 27.8).
- An application for Grant of Probate or Letters of Administration made six months after the death or later, requires an explanation for the delay in an Affidavit with the application.
- If the name of the Executor has changed and is different to the name in the Will, an explanation is to be provided in the Affidavit and the marriage certificate or other evidence of the name change attached.
- If the deceased person married, divorced or a marriage was annulled after the date the Will was signed, you should check the validity of the Will with one of our trusted lawyers near you.
- Refer to the person making the application as Plaintiff when completing the forms and documents for Grant of Probate or Letter of Administration.
- The date on which the documents are completed should be the date of the document.
27.6 When Should a Lawyer be Consulted
Applications for Grant of Probate or Letter of Administration can vary in complexity.
The simplest applications are where a Will is in place naming:- one Executor who has agreed to accept the duties;
- multiple Executors are nominated who have agreed to accept the duties and act jointly; or
- multiple Executor are nominated and the Executor who is unable or unwilling to accept the duties provides the applicant with the necessary documentation.
In these instances, the application may be completed by yourself by following the process outlined on this website or with help from a legal representative.
However, where no Will is in place or a dispute between multiple nominated Executors has arisen, it is recommended to seek legal advice to ensure you have the necessary information to make a complete application, taking the issues into account.
The biggest challenge when applying yourself (also called applying as individual, plaintiff or self-represented) is to ensure the application documents are drafted correctly and comprehensively. Often courts do not provide standard forms and hence a good understanding of the rules is required to ensure your specific circumstances are captured correctly. simplyEstate provides documents that are available on the Supreme Court websites below as a guide, but these may not capture all details for your circumstances and may need to be drafted by a lawyer.
If you have a question or would like to discuss this particular step, you can email us or find out what Executor & Administrator Support we offer to discuss the general nature of your situation. simplyEstate has partnered with Trusted Partners across Australia as listed below, who can provide you with an initial assessment and ongoing help if you choose so.
27.7 Documents for Probate Application and Letter of Administration
- Original Will (if the original cannot be found and you have a copy you can apply but you will need an affidavit explaining your attempts in finding the original Will and is more complicated);
- Original and certified copy of the Death Certificate;
- Relevant application documents;
- Affidavit supporting your application; and
- Lodgement fee.
- Form or Affidavit renouncing the duties of Executor; and
- If a nominated Executor has passed away, the Death Certificate of the nominated Executor and an Affidavit by the applicant explaining the reason for applying without the deceased Beneficiary.
- Always type or neatly hand-write all documents and forms;
- The original Will should not be modified in any way;
- When photocopying a Will, do not remove staples or bindings;
- Do not fold application documents;
- Do not attach anything to the Will with staples or paperclips;
- Always staple documents that belong together in the top left corner; and
- It is highly recommended to always photocopy all documents supplied to the Supreme Court Registry for your own records.
27.8 Publish the Statutory Notice
If you have determined that a Grant of Probate or Letters of Administration is required, you will first need to serve, publish or advertise a notice of your intention to apply with the Supreme Court.
Note: This is not the same as notice for distribution of the estate, which is covered in Step 34.7 – Publish Notice of Intent to Distribute.
Publishing a notice allows the following persons to get in touch with the Executor:- Creditors (people who are owed money by the deceased estate) of the estate to make a claim;
- Family members or other persons to make a family provision claim or any other claim;
- Other nominated Executors to be informed of the intent and discuss the intended application; or
- Anyone who may have another Will to discuss the intended application.
Depending on the State/Territory to which you will be applying for a Grant of Probate or Letter of Administration the following process and timeframe apply:
Supreme Court of Western Australia
Phone: 08 9421 5333Contact Hours: Monday – Friday, 8:00am – 4:00pm AWST
Address/Post: Supreme Court of WA, Level 11, David Malcolm Justice Centre, 28 Barrack Street, Perth WA 6000
In Western Australia you can provide notice through the West Australian Classifieds and give notice to all other Executors, Administrator or Next of Kin prior to applying with the Supreme Court of WA for Grant of Probate or Letters of Administration.
TimeframeThe application to the Supreme Court of WA for Grant of Probate or Letters of Administration can only be made 14 after the notice was published.
ProcessIf you are not the only Executor nominated in the Will and intend to apply to the Supreme Court of WA for Grant of Probate, you will need to either:
- provide notice to the other nominated Executors and provide evidence to the Supreme Court of the notice(s) with your application for Grant of Probate – Notice Form; or
- Request the other nominated Executor(s) to complete the Consent Form and provide these at the time of your application for the Grant of Probate or Letters of Administration.
Supreme Court of New South Wales
Phone: 1300 679 272Opening Hours: Monday – Friday, 8:30am – 4:30pm AEST
Email: sc.probate@justice.nsw.gov.au
Address: Law Courts Building, Level 5, 184 Phillip Street, Sydney NSW 2000
Post: Supreme Court of NSW, GPO Box 3, Sydney NSW 2001
Timeframe of Notice
The Notice of Intended Application must be published for at least 14 days before an application to the Supreme Court of NSW for Grant of Probate or Letters of Administration can be made.
Process – OnlineThe online portal for the Supreme Court of NSW allows you to complete and submit your Notice of Intended Application.
To use the online portal, you need to register first here.
To register you will need two of the following documents ready to identify yourself:- Australian Driver’s licence
- Australian electoral roll
- Medicare card
- Australian passport
- Australian Citizenship Certificate
- Change of Name Certificate
- Phone Book
If you cannot or do not want to apply for notice online, you can complete Form 116 – Notice of intended application for probate, administration or reseal and post it to the Supreme Court of NSW including the filing fee.
Case NumberOnce your intention to apply for Grant of Probate was published you will be assigned a case number, which you will need to reference when making the application as outlined in Step 27.9 below.
Search for Previous ApplicationsPrior to lodging an application, you should check the online registry for previous applications that may have been made by another Executor, Administrator or Next of Kin. You can search here.
Fees- Notice of Intended Application: $48 (as at 1 July 2020)
- Search fee: $63 (as at 1 July 2020)
Supreme Court of Victoria
Phone: 03 8600 2000Opening Hours: Monday – Friday, 9:30am – 4:00pm AEST
Email: probate@supcourt.vic.gov.au
Address: Level 2, 436 Lonsdale Street, Melbourne Victoria 3000
Post: Probate Office, Supreme Court of Victoria, 210 William Street, Melbourne Victoria 3000
Timeframe of Notice
The Notice of Intended Application must be published for at least 14 days before an application to the Supreme Court of VIC for Grant of Probate or Letters of Administration can be made.
Process – OnlineThe Probate Online Advertising System of the Supreme Court of VIC allows you to complete and submit your Request for Notice of Making a Grant. The application to the Supreme Court of VIC for Grant of Probate or Letters of Administration can only be made after 15 days after the date when the Notice of Intended Application was published.
To use the online system, click here and select for which type of application you are advertising for.
For support with the Probate Online Advertising system you can call 03 9603 9296 or email: poas@supcourt.vic.gov.au.
Process – PaperIf you cannot submit the advertisement online, you can complete Form 3-6A – Request for Notice of Making of Grant and lodge it with the Supreme Court and pay cash or by cheque.
Search for Previous ApplicationsPrior to lodging an application, you should check the online registry for previous applications that may have been made by another Executor, Administrator or Next of Kin. You can search here.
Fees- Notice of an Intended Application: $24.00 (as at 1 July 2021)
- Search fee: $36.10 (as at 1 July 2021)
Supreme Court of Queensland
Phone: 07 3236 1855Opening Hours: Monday – Friday, 9:00am – 4:00pm AEST
Email: enquiries@queenslandreports.com.au
Address: QEII Courts of Law Complex, 415 George Street, Brisbane Qld 4000
Post: PO Box 15167, City East Qld 4002
Timeframe of Notice
The application to the Supreme Court of QLD for Grant of Probate or Letters of Administration can only be made after 14 days after the date when the Notice of Intended Application was published.
Process- You will need to prepare a Form 103 – Notice of intention to apply for grant.
- Submit your completed advertisement to the Public Trustee office near you.
- Wait for 14 days after the notice was advertised in the Queensland Law Reporter to allow other persons to file a caveat or objection with the court.
Prior to lodging an application, you should check the Probate Notice Database for previous applications that may have been made by another Executor, Administrator or Next of Kin. You can search here.
FeesNotice of an Intended Application: $161.70 (as at 1 July 2020)
27.9 Grant of Probate Application & Letters of Administration Application
The probate application process and documents vary in each State/Territory. simplyEstate has compiled all the common information and documents for your selected State/Territory for your convenience below.
Note: in some applications the Executor applying for a Grant of Probate or Letter of Administration are referred to as plaintiffs.
Depending on the State/Territory to which you will be applying for a Grant of Probate or Letters of Administration, the following process applies:
Supreme Court of Western Australia
Phone: 08 9421 5333Contact Hours: Monday – Friday, 8:00am – 4:00pm AWST
Address/Post: Supreme Court of WA, Level 11, David Malcolm Justice Centre, 28 Barrack Street, Perth WA 6000
Process – Online
The online application process of the Supreme Court of WA allows completion and submission step by step, and can be accessed here.
Where multiple Executors were nominated in the Will, all Executors must be recorded on the online lodgement portal and indication provided whether or not each will be taking on the duties (solely or jointly where more than one Executor), an individual reserve leave to apply at a later stage if they wish or completely resign from their duties, also called renounce. See Step 5.8 for more detail about resignation (or renunciation).
Process – PaperIf you are unable to use the online process to apply or if the online application is not suitable for you, then the following documents and templates can be used for a paper-based application. For complicated applications and when in doubt, it is recommended to seek legal advice. simplyEstate partners with legal firms that can help with this task and can be found below.
AffidavitsYou must swear or affirm your Affidavit in front of a:
- Justice of the Peace;
- practicing lawyer with a current certificate; or
- public notary.
- each page of the Affidavit;
- the final page of the Affidavit; and
- the cover of the Will.
You will need to provide the following documents or as requested by the Supreme Court:
- Notice Form – application by the Executor or Administrator;
- Consent Form – nominated Executor who does not want to take on the duty;
- Affidavit Template – Affidavit to provide supporting information, details about the applicant(s), other nominated Executors and Administrators, reasons why not all nominated Executors apply, change of name, original Will, deceased person married or divorced after signing the Will etc.;
- Request to Collect Grant – application to request that the Supreme Court notify one of the Executors via email once the Grant of Probate was issued and can be collected;
- Statement of Assets and Liabilities – a summary of all assets and liabilities of the deceased estate. If you used the simplyEstate Assets & Liabilities Inventory, you may be able to print and submit the Summary page if in an acceptable format.
- Search Enquiry Form – if a Grant had been previously granted and issued by the Supreme Court, this form can be used to request a search and provision of a copy of the Grant
- Complete Supreme Court Practice Directions
- Directions to complete an Affidavit Sections 8, 9 and 19
- Application for Grant of Probate or Letters of Administration: $370 (as at 1 October 2020)
- Search fee: $54 (as at 1 October 2020)
Supreme Court of WA, Frequently Asked Questions
Estimated Processing Time4 weeks
Relevant LegislationADMINISTRATION ACT 1903 (WA) Section 43 (Austl.) (accessed 5/4/2021)
Supreme Court of New South Wales
Phone: 1300 679 272Opening Hours: Monday – Friday, 8:30am – 4:30pm AEST
Email: sc.probate@justice.nsw.gov.au
Address: Law Courts Building, Level 5, 184 Phillip Street, Sydney NSW 2000
Post: Supreme Court of NSW, GPO Box 3, Sydney NSW 2001
Process – Paper
The following documents and templates can be used for a paper-based application. For complicated applications and when in doubt, it is recommended to seek legal advice. simplyEstate partners with legal firms that can help with this task and can be found below.
AffidavitsYou must swear or affirm your Affidavit in front of a:
- Justice of the Peace;
- practicing lawyer with a current certificate; or
- public notary.
- each page of the Affidavit;
- the final page of the Affidavit; and
- the cover of the Will.
You will need to provide the following documents or as requested by the Supreme Court:
- Summons for probate, administration, administration with the will annexed or reseal;
- Affidavit of executor;
- Grant of probate, letters of administration or letters of administration with the will annexed (2 copies, do not sign);
- Inventory of property – a summary of all assets and liabilities of the deceased estate. If you used the simplyEstate Assets & Liabilities Inventory, you may be able to print and submit the Summary page if in an acceptable format;
- Certified copy of the Death Certificate; and
- Original Will.
- Form 123 – Renouncing executorship – if an Executor is unable or unwilling to take on the duties of the Executor this form can be used to officially lodge the renouncing with the Supreme Court
- Application for Grant of Probate or Letters of Administration: $0 – $5,948 (as at 1 July 2020) depending on the total value of the estate, which can be checked here
- Search fee: $63 (as at 1 July 2020)
- Reseal fee: $63 (as at 1 July 2020)
Supreme Court of NSW, Applying for probate
Estimated Processing Time20 work days. Please refer to this website for current processing times.
Relevant LegislationPROBATE AND ADMINISTRATION ACT 1898 (NSW) (Austl.) (accessed 2/1/2021)
PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 81A (Austl.) (accessed 5/4/2021)
SUCCESSION ACT 2006 2006 (NSW) (Austl.) (accessed 2/1/2021)
SUPREME COURT RULES PART 78 (NSW) (Austl.) (accessed 2/1/2021)
Supreme Court of Victoria
Phone: 03 8600 2000Opening Hours: Monday – Friday, 9:30am – 4:00pm AEST
Email: probate@supcourt.vic.gov.au
Address: Level 2, 436 Lonsdale Street, Melbourne Victoria 3000
Post: Probate Office, Supreme Court of Victoria, 210 William Street, Melbourne Victoria 3000
Process
The relevant documents should be completed and filed with the Probate Office of the Supreme Court in person.
For complicated applications and when in doubt, it is recommended to seek legal advice. simplyEstate partners with legal firms that can help with this task and can be found below.
You must swear or affirm your Affidavit(s) in front of a:
- Justice of the Peace;
- practicing lawyer with a current certificate; or
- authorised witness at the Supreme Court Probate Office when lodging the application.
- each page of the Affidavit;
- the final page of the Affidavit; and
- the cover of the Will.
You will need to provide the following documents or as requested by the Supreme Court:
- A copy of the advertisement as per Step 27.8;
- original Will and Codicils (if applicable);
- original and certified copy of the Death Certificate;
- any other Affidavits or documents in support of your application; and,
- Form Kit – Probate;
- Form Kit – Letters of Administration with the Will Annexed; or
- Form Kit – Letters of Administration/Intestacy.
- Application for Grant of Probate or Letters of Administration: $63.10 – $2,134.30 (as at 1 July 2021) depending on the total value of the estate, which can be checked here
- Search fee: $36.10 (as at 1 July 2021)
- Reseal fee: $24.00 (as at 1 July 2021)
Supreme Court of VIC Applying for grant of probate or administration
Estimated Processing Time2 weeks
Supreme Court of Queensland
Phone: 07 3236 1855Opening Hours: Monday – Friday, 9:00am – 4:00pm AEST
Email: enquiries@queenslandreports.com.au
Address: QEII Courts of Law Complex, 415 George Street, Brisbane Qld 4000
Post: PO Box 15167, City East Qld 4002
Process
The following documents and templates can be used for a paper-based application. For complicated applications and when in doubt, it is recommended to seek legal advice. simplyEstate partners with legal firms that can help with this task and can be found below.
AffidavitsYou must swear or affirm your Affidavit in front of a:
- Justice of the Peace;
- practicing lawyer with a current certificate; or
- public notary.
- each page of the Affidavit;
- the final page of the Affidavit; and
- the cover of the Will.
You will need to provide the following documents or as requested by the Supreme Court depending on the type of application appropriate for your circumstances:
Grant of Probate:- Form 101 – Application for probate (will);
- Original Will and two copies;
- Form 105 – Affidavit (probate application);
- Exhibits to the Affidavit (probate application): One of the copies of the Original Will and the original Death Certificate;
- Form 47 – Certificate of exhibit (to certify the exhibits for Affidavit (probate application));
- Form 104 – Affidavit of publication;
- Form 103 – Exhibit to the Affidavit of publication: Notice of intention to apply for grant; and
- Form 47 – Certificate of exhibit (to certify the exhibit for Affidavit of publication).
- Form 101 – Application for probate (will);
- Original Will and two copies;
- Form 106 – Affidavit (letters of admin. with will);
- Exhibits to the Affidavit (letters of admin. with will): One of the copies of the Original Will and the original Death Certificate;
- Form 47 – Certificate of exhibit (to certify the exhibits for Affidavit (letters of admin. with will));
- Form 104 – Affidavit of publication;
- Form 103 – Exhibit to the Affidavit of publication: Notice of intention to apply for grant; and
- Form 47 – Certificate of exhibit – (to certify the exhibit for Affidavit of publication).
- Form 102 – Application for letters (intestacy);
- Form 109 – Affidavit (letters of admin. on intestacy);
- Exhibits to the Affidavit (letters of admin. on intestacy): Original Death Certificate;
- Form 47 – Certificate of exhibit (to certify the exhibits for Affidavit (letters of admin. on intestacy));
- Form 104 – Affidavit of publication;
- Form 103 – Exhibit to the Affidavit of publication: Notice of intention to apply for grant; and
- Form 47 – Certificate of exhibit (to certify the exhibit for Affidavit of publication).
Application for Grant of Probate or Letters of Administration and Reseal: $748.10 (as at 1 July 2020)
WebsiteSupreme Court of QLD Applying for a grant
Estimated Processing Time4 – 6 weeks
Complete Step
Actions and Decisions to Complete Step Yourself
If you have decided to tackle this Step yourself after reading and understanding the above, you may want to:
- Determine if a Grant of Probate or Letters of Administration application is needed based on the estate value, risk of possible disputes or claims, or requirements by organisations to release assets
(see Step 27.1 above); - Establish if you need to apply for Grant of Probate where a valid Will is in place and at least one of the nominated Executors will apply, or Letters of Administration with or without a Will
(see Step 27.2 above); - Determine which Supreme Court you will apply to based on the location and registration of the assets
(see Step 27.4 above); - Prepare the relevant documents for submission
(see Step 27.7 above and forms below); - Publish the statutory notice in the relevant State/Territory that you will be applying in
(see Step 27.8 above); and - Apply to the relevant Supreme Court
(see Step 27.9 above).
Click for supporting:
Information
Forms
Legislation
Cost & Effort
Reading: 1.5 hrs
Preparing: 2-5 hrs
Completing: 1-3 hrs
Waiting: 3-10 wks
Total: 3-11 wks
Cost: $370–$5,948
Effort and cost are general estimates only and are based on the assumption that you complete this step without experienced support.
Instructions
To find out how this Process Guide works, access the instructions here.
Glossary
To find out what the capitalised words mean, access the glossary here.
Forms
Statutory Notice in WA
Notice FormConsent Form
Grant of Probate & Letters of Administration in WA
Notice FormConsent Form
Affidavit Template
Request to Collect Grant
Statement of Assets and Liabilities
Statutory Notice in NSW
Online FormForm 116 – Notice of intended application for probate, administration or reseal
Grant of Probate & Letters of Administration in NSW
Summons for probate, administration, administration with the will annexed or resealAffidavit of executor
Grant of probate, letters of administration or Letter of Administration with the will annexed
Inventory of property
Statutory Notice in VIC
Online FormForm 3-6A – Request for Notice of Making of Grant
Grant of Probate & Letters of Administration in VIC
Form Kit – ProbateForm Kit – Letters of Administration with the Will Annexed
Form Kit – Letters of Administration/Intestacy
Statutory Notice in QLD
Form 103 – Notice of intention to apply for grant
Grant of Probate & Letters of Administration in QLD
Form 47 – Certificate of exhibit (to certify the exhibits for Affidavit (probate application))Form 47 – Certificate of exhibit (to certify the exhibit for Affidavit of publication)
Form 101 – Application for probate (will)
Form 102 – Application for letters (intestacy)
Form 103 – Exhibit to the Affidavit of publication: Notice of intention to apply for grant
Form 104 – Affidavit of publication
Form 105 – Affidavit (probate application)
Form 106 – Affidavit (letters of admin. with will)
Form 109 – Affidavit (letters of admin. on intestacy)
Refer to Step 27.8 and Step 27.9 above for more detail about these forms.
Other forms not listed here may be required based on your specific circumstances.
Checklists & Tools
Use Australia’s smartest Assets & Liabilities Inventory to automatically calculate the estate value for Grant of Probate.Legislation & Rules
Grant of Probate in WA
Assets & Liabilities
ADMINISTRATION ACT 1903 (WA) Section 43 (Austl.) (accessed 5/4/2021)Letter of Administration WA
With a Will
ADMINISTRATION ACT 1903 (WA) Section 36 (Austl.) (accessed 2/1/2021)ADMINISTRATION ACT 1903 (WA) Section 43 (Austl.) (accessed 5/4/2021)
Without a Will
ADMINISTRATION ACT 1903 (WA) Section 25 (Austl.) (accessed 2/1/2021)ADMINISTRATION ACT 1903 (WA) Section 43 (Austl.) (accessed 5/4/2021)
Grant of Probate in NSW
Assets & Liabilities
PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 81A (Austl.) (accessed 5/4/2021)Letters of Administration in NSW
With a Will
Supreme Court of NSW, Applying for Letters of Administration with the Will annexed Paragraph 5 (accessed 2/1/2021)PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 81A (Austl.) (accessed 5/4/2021)
Without a Will
PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 63 (Austl.) (accessed 2/1/2021)PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 81A (Austl.) (accessed 5/4/2021)
Grant of Probate in NSW
Assets & Liabilities
ADMINISTRATION AND PROBATE ACT 1958 (VIC) Section 28 (Austl.) (accessed 5/4/2021)Letters of Administration VIC
With a Will
Supreme Court of VIC, Applying for a grant of probate or administration Step 2 (accessed 2/1/2021)Without a Will
Supreme Court of VIC, Applying for a grant of probate or administration Step 2 (accessed 2/1/2021)Letters of Administration in QLD
With a Will
UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Section 603 (Aust.) (accessed 2/1/2021)Without a Will
UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Section 610 (Aust.) (accessed 2/1/2021)Other legislation and rules not listed here may apply to your specific circumstances.
Ask for Support
Trusted Support
When you need specific expertise, get in touch with us or our trusted partner near you.

Administration Support WA
We can help with:- discussing this step in detail
- assessing your approach and best way forward
- helping with engaging a Probate Lawyer
Review our services and book a phone appointment.
Find Out More
Legal Support WA
We can help with:- establishing validity of a Will
- determining the Executors or Administrators (without a Will)
- administering end-to-end
Estate & Probate Lawyers Sydney

Atkinson Vinden Legal
Chatswood & Sydney CBD We can help with:- applying for simple and complex Grant of Probate & Letters of Administration
- Supreme Court requisitions & affidavits if your application wasn’t successful

Szabo & Associates Solicitors
Surry Hills, Eastern Suburbs & North Shore We can help with:- applying for simple and complex Grant of Probate & Letters of Administration
- Supreme Court requisitions & affidavits if your application wasn’t successful

Marsdens Law Group
Camden, Campbelltown, Leppington, Liverpool, Sydney CBD We can help with:- applying for simple and complex Grant of Probate & Letters of Administration
- Supreme Court requisitions & affidavits if your application wasn’t successful

Administration Support VIC
We can help with:- discussing this step in detail
- assessing your approach and best way forward
- helping with engaging a Probate Lawyer
Review our services and book a phone appointment.
Find Out More
Fixed-Fee Probate in Victoria
We can help with:- applying for fixed-fee Grant of Probate
- applying for fixed-fee Letters of Administration
- assessing if you need Probate or Letters of Administration
Request a fixed-fee quote from Willed Law in less than a minute.
Request a QuoteEstate & Probate Lawyers Brisbane
The Estate Lawyers
Brisbane CBD & Gold Coast We can help with:- fixed-fee Grant of Probate applications
- fixed-fee Letters of Administration applications
- fixed-fee Supreme Court requisitions & affidavits if your application wasn’t successful
Find out if we can help during an obligation free phone consultation.
Find Out MorePerspective Law
Brisbane We can help with:- reduced-fee Grant of Probate applications
- Letters of Administration applications
- Supreme Court requisitions & affidavits if your application wasn’t successful
Find out if we can help during an obligation free phone consultation.
Find Out MoreHelp us improve this step