When is a Grant of Probate Required?

Wills and Estates: 10 June 2026

Author: Gayathri Perera , Valerie Bradley - Our People

Navigating what happens after someone passes away can feel overwhelming, especially when questions arise about probate, assets and who has the legal authority to act. Understanding when a Grant of Probate is required and what happens if there is no Will can make the process clearer and far less stressful.

A Grant of Probate is a court order confirming that the deceased’s Will is valid and formally appoints the executor/s as the person legally authorised to deal with the estate. Without this document, many asset holders will refuse to transfer or release assets, as they have no formal proof of who is entitled to act.

A Grant of Probate is needed where the deceased held substantial assets in their sole name. Common triggers include:​

• Real estate owned solely or as tenants in common (not joint tenants).​

• Bank accounts above the institution’s threshold.

• Refundable accommodation deposit (RAD).

• Significant share portfolios, managed investments or substantial superannuation or insurance proceeds payable to the estate (rather than directly to a nominated beneficiary).​

When probate may not be needed

Probate is not always necessary, especially where the estate is small, or assets pass automatically outside the will. Situations where it may not be required include:​

• Assets held as joint tenants, where the deceased’s share passes automatically to the survivor by right of survivorship.​

• Modest bank balances or personal belongings only, where banks or asset holders accept alternative documents such as a death certificate and indemnity.​

• Assets held in trusts or life insurance policies paid directly to named beneficiaries, because these generally do not form part of the estate.​

What happens if there is no Will?

If there is no Will or no valid Will, the Court usually grants “letters of administration” instead of a grant of probate, but the authority is the same: it authorises someone (often the next of kin) to administer the estate. The need for this grant still depends on the type and value of assets, just as with probate for a will.​ Without a Will, the estate is distributed according to intestacy laws, which set out who is entitled to inherit and in what proportions.

Timeframes for Obtaining Probate

The time it takes to obtain a Grant of Probate can vary, but in most straightforward estates, the Supreme Court of Victoria will issue the grant within 10-15 working days from the date the original Will is received by the Probate registry.

We are here to help and guide you

When someone dies without a will, our firm steps in to turn confusion into a clear, guided process, helping you understand your rights and what happens to the estate under intestacy laws. We can assist you to identify who is legally entitled to apply for Letters of Administration, prepare and lodge the court documents, and liaise with banks, super funds and other institutions so you do not have to navigate this alone. Once authority is granted, we can help collect assets, pay debts and tax, and distribute the estate according to the statutory formula, while also managing any disputes or complications that may arise between family members.

You are invited to contact our friendly Wills & Estates team to ask questions, understand your options. Visit https://www.aitken.com.au/ or call (03) 8600 6000 to get in touch.

Please note: The information in this article is provided for general information purposes only and does not constitute legal advice. It is not intended to be comprehensive or to apply to any specific circumstances. You should seek independent legal advice before acting on any information contained in this article.