What Is Probate? A Simple Guide to the Process After a Loved One Passes Away

Losing someone you love is already difficult enough without the added stress of navigating legal processes. If you’ve recently experienced a loss, you might have come across the term probate and wondered:

• What is probate?

• Do I need it?

• How do I get it?

This article breaks down what probate is, why it matters, and how to apply for it, so you can feel more informed and less overwhelmed.

What Is Probate?

In simple terms, probate is the legal process of proving a deceased person’s will through the courts. If someone dies with a will, probate involves:

• Confirming the will is legally valid

• Appointing the executor named in the will

• Granting that executor legal authority to manage the deceased’s estate

If there is no will, the process is very similar. But instead of probate, it’s called letters of administration.

In Australia, probate is usually granted by the Supreme Court of the state or territory where the person lived.

 

Why Is Probate Necessary?

Probate is often essential because banks, superannuation funds, and other institutions won’t release assets until they’ve seen a formal court document authorising someone to act on behalf of the estate.

However, probate isn’t always required. Whether or not you need to apply depends on:

• The size of the estate

• The type of assets involved

• How the assets are owned

• Institution policies

• Ambiguities in the Will or other family issues

Every situation is different, so getting legal advice can be crucial in avoiding costly mistakes.

What If There’s No Will?

If a person dies without a will, this is called dying intestate. Instead of applying for probate, someone, usually the spouse or adult child, applies for letters of administration.

The process is almost identical:

• The court is petitioned

• A legal document is granted

• That document gives the administrator authority to manage and distribute the estate

What Happens After Probate Is Granted?

Once the grant of probate (or letters of administration) is issued, the executor must:

• Collect and secure estate assets

• Pay debts and taxes

• Distribute the estate to the rightful beneficiaries

This process can take several months to over a year, depending on how complex the estate is.

Support When You Need It Most

Dealing with the legalities of a loved one’s estate can feel overwhelming, especially when you’re grieving or managing family expectations.

At MMLaw, we’re here to guide you through the probate process with clarity, compassion, and care. Whether it’s a simple estate or something more involved, we’ll help you every step of the way.

If you’re unsure whether probate is needed or how to get started, contact us for a confidential consultation. Even a quick conversation could save you significant stress and time.

Dhanya Panikkar | Senior Associate

MMLaw

The information in this document represents general information and should not be relied on for your specific circumstances. If you require legal advice and assistance on the matters contained or associated in this document you should contact MMLaw.