Probate in Australia 2025: Essential Guide to New Rules & Process

Probate is one of those legal terms that rarely crosses our minds—until we’re faced with the responsibility of settling a loved one’s estate. With several state-based changes taking effect in 2025, understanding probate in Australia has never been more important. Whether you’re an executor, beneficiary, or just planning ahead, this guide demystifies probate, highlights the latest updates, and offers practical tips for a smooth process.

What is Probate and Why Does It Matter?

Probate is the legal process of validating a deceased person’s will and granting permission to administer their estate. In most cases, the executor named in the will applies to the state Supreme Court for a ‘grant of probate’. This document gives them legal authority to collect assets, pay debts, and distribute inheritances according to the will’s instructions.

• Without probate: Banks, super funds, and land registries usually won’t release assets.

• With probate: The executor can act with full legal authority, reducing the risk of disputes.

Not every estate needs probate. Smaller estates (often under $50,000) or those with jointly held assets may bypass the process, but this threshold varies by state and by institution.

Key Probate Changes in 2025

As of 2025, several Australian jurisdictions have made notable changes to streamline and modernise the probate process:

• Digital Applications: All state courts now accept fully online probate applications. The NSW Supreme Court, for instance, reports a 40% faster turnaround since moving to digital lodgement.

• Fee Adjustments: Probate filing fees have increased in Victoria and Queensland, reflecting inflation and rising court costs. For example, Victoria’s basic grant fee is now $370, while estates over $1 million face a $2,100 fee.

• Mandatory Notice Periods: Most states now require a 14-day public notice before granting probate, up from 7 days in previous years. This gives creditors and claimants more time to come forward.

• Electronic Wills: Courts are more readily accepting e-wills (digital or video wills), provided they meet strict witnessing and authenticity requirements. This is a direct response to the surge in remote estate planning since the pandemic.

These updates aim to make probate more accessible, but also place more onus on executors to meet new compliance standards.

The Probate Process: Step by Step in 2025

Here’s how probate typically unfolds in Australia today:

• Locate the Will: The executor finds and reviews the original will. If no will exists, an ‘application for letters of administration’ is required instead.

• Value the Estate: List all assets (property, bank accounts, investments) and debts. New digital estate tools can help automate this step in 2025.

• Apply for Probate: Lodge an online application with the relevant state Supreme Court, including death certificate, will, and asset list. Pay the applicable filing fee.

• Notice to Creditors: Publish a notice of intention to apply for probate. Wait the minimum statutory period (typically 14 days).

• Grant of Probate Issued: If no objections, the court issues the grant. The executor can now collect assets and pay outstanding debts or taxes.

• Distribute the Estate: After settling debts, the executor distributes assets to beneficiaries as specified in the will.

Real-world example: In 2025, a Sydney family used the Supreme Court’s online portal to apply for probate on a $1.5 million estate. Thanks to digital asset registers and e-signatures, they completed the process in under six weeks—half the time it would have taken just two years ago.

Common Challenges and Tips for Executors

Even with digital reforms, probate can be daunting. Here’s how to stay ahead:

• Missing or disputed wills: Courts will investigate, but delays are likely. Keep originals in a safe, accessible place and update them regularly.

• Complex assets: Business interests, overseas property, and digital assets may require specialist legal or financial advice.

• Family disputes: Early, transparent communication with beneficiaries helps prevent claims and challenges.

• Tax implications: Executors are responsible for final tax returns and may need to withhold funds for potential tax bills, especially with the ATO’s focus on estate compliance in 2025.

Tip: Many Australians now use estate-planning lawyers or online probate services to streamline paperwork and avoid pitfalls—especially for larger or more complicated estates.

Conclusion: Preparing for Probate in 2025 and Beyond

Probate may seem intimidating, but with Australia’s new digital systems and clear guidelines, the process is becoming more efficient and transparent. If you’re an executor, staying organised and informed about 2025’s changes can save time, reduce stress, and ensure your loved one’s wishes are honoured.