People often assume probate is always required after someone dies. In practice, whether probate is needed depends on the estate’s assets and what institutions require to release or transfer them.
What probate is (in practical terms)
Probate is a Court grant confirming the will is valid and the executor has authority to deal with the estate.
Common situations where probate is often required
- Real estate in the deceased’s sole name
- Bank accounts above an institution’s threshold
- Shareholdings or managed funds
- Superannuation or insurance proceeds paid to the estate
- Complex estates or disputes
Frequently asked questions
If there’s a will, does that mean no probate?
A will helps, but probate may still be needed depending on assets and institution requirements.
How long does probate usually take?
Timing varies, but delays commonly come from missing documents or unclear asset information.
This article is general information and not legal advice.