A probate court (or court of probate) is concerned with the administration of deceased estates. Probate courts are divisions within the state and territory Supreme Courts.
Links to each state and territory’s probate registry follow below.
NSW: Probate Registry, Supreme Court of New South Wales
VIC: Wills and Probate, Supreme Court of Victoria
QLD: Wills and Probate, Supreme Court of Queensland
SA: Wills and Probate, Courts Administration Authority of South Australia
WA: Wills and Probate, Supreme Court of Western Australia
TAS: Probate, Supreme Court of Tasmania
ACT: Probate, ACT Supreme Court
NT: Wills and Probate, Supreme Court of the Northern Territory
Web pages of the Probate Courts have detailed information, court forms and fees.
Applications for grants or letters of administration have to be in accordance with the respective Probate Courts’ rules and procedures.
For advice and assistance with your personal circumstances consult a solicitor who offers services in this area who can help make the application on your behalf. Links to the Find a Lawyer referral services are available here.
Alternatively the Public Trustees in each State and Territory offer executor and estate administration services, find their websites here.
Once an application is lodged, processing times can vary from a week or so to months in complex matters such as where a will is being contested or beneficiaries cannot be located for example. When an original will has been lost or is missing, or there is only a copy of a will, or an invalid or informal one, or no will and the intestacy rules apply, the process can take longer. Delays can arise for other reasons. The Registry can usually provide a guide at the time of application.
Updated 6 November 2020.