Probate: Preparing the Grant and Asset Inventory

What Probate Establishes

A grant of probate confirms the will accepted by the court and identifies the executor authorised to administer the estate. The Supreme Court of Victoria’s probate explanation distinguishes that grant from the wider administration process.

A client’s “probate letter” or “probate certificate” usually means the grant. Ask for the document before treating correspondence from a bank or solicitor as proof of authority. A probate lawyer prepares and manages the application under the retainer. The Supreme Court, through its probate registry, issues the grant.

Fictional Grant Illustration

This fictional summary shows the information a grant identifies. It is not a court form or a document for use.

Field	Fictional information	What to match
Issuing court	Supreme Court of the selected state	Jurisdiction and registry file
Estate	Morgan Ellis, deceased	Will, death certificate and asset-holder records
Grant type	Probate of the will	Application and proved testamentary documents
Executor	Jamie Ellis	Applicant’s identity and appointment under the will
Grant details	Court file reference, grant date and court authentication	Issued grant and attached will

Before sending a grant to a bank, match the executor’s name and any qualification on the grant to the proposed transaction. The later bank release and estate-account process needs its own documents.

Choosing the Grant Route

Choose the grant from the will and the availability of an executor entitled to act. “Grant of representation” is the umbrella term for probate and grants of administration.

Circumstances	Usual grant route	Application question
Valid will and an appointed executor able to act	Probate	Does this applicant’s appointment take effect under the will?
Valid will but no executor able to act	Administration with the will annexed	Who has priority to apply?
No valid will	Letters of administration on intestacy	Who is entitled to administer under the local rules?

The ACT Supreme Court’s grant guidance sets out these distinctions. Use the separate letters of administration guide where an executor cannot act or there is no valid will.

Select the registry by the estate’s jurisdictional facts, including where assets are located. Record assets in other states separately. An existing interstate or overseas grant can require a reseal or other recognition process before an asset holder accepts it.

Probate is required when the asset or institution’s requirements demand the grant. Obtain each bank’s release requirements against the actual balance and ownership. A release without probate can require a death certificate, proof of entitlement and an indemnity. Keep that written decision in the file.

For example, CommBank’s estate guidance usually requires a grant above $100,000 in solely held balances or when requested. IMB’s estate guide sets a $15,000 threshold and retains discretion to require a grant below it. These bank conditions apply separately from the state’s court procedure.

There is no single Australian small-estate threshold that releases every asset. Victoria’s optional small-estates service helps eligible applicants obtain a grant. It is not a general exemption from probate. WA’s court identifies circumstances where jointly held assets or limited personal property can be dealt with without a grant. Confirm the remaining assets before deciding the estate needs none.

Preparing the Application

Prepare the application from the original testamentary documents and evidence supporting each factual statement. Keep a separate working inventory even where the selected registry does not require that inventory as a standard filing.

1. Locate the original will and every codicil. Record custody, apparent damage and any later testamentary document. Preserve the original bindings and follow the selected registry’s identification instructions.
2. Obtain death evidence. Match the deceased’s names and addresses across the will, death certificate and asset records. Explain differences with evidence, such as a marriage certificate or an affidavit from someone with first-hand knowledge.
3. Confirm the applicant’s entitlement. Check the executor clause and any substitute appointment. Account for each named executor who is not applying through the documents the local rules require.
4. Complete the jurisdiction’s notice process. Retain publication evidence and any required service evidence. Work out the earliest permitted next step from the applicable rules.
5. Assemble the asset evidence. Reconcile balances and ownership before preparing the required inventory or asset statement. Keep liabilities identifiable and separate from gross asset values.
6. Prepare and execute the application and supporting affidavits. Match every name, exhibit and testamentary document across the forms. Use the registry’s witnessing requirements.
7. File through the selected registry’s channel and retain the receipt. Deliver originals when required. Check the filed copy and any requisition against the source documents.

Queensland Forms 101 and 105

Form numbers belong to their jurisdiction. Queensland’s approved wills and estates forms include Form 101, the application for probate or administration with the will. Form 105 is the affidavit supporting a probate application. Form 104 proves publication and service, while Form 107 addresses due execution when needed.

The executor’s affidavit must reflect the evidence the executor can swear to. The will establishes appointment and testamentary terms. Death evidence establishes the death details, while identity evidence explains the applicant’s connection to the appointment. The working inventory supports accurate asset information wherever the applicable form or registry requires it. It does not make an executor the owner of every account appearing in the statements.

The Queensland application checklist specifies the will copy, certified death certificate and exhibit certificate supporting Form 105. It also identifies further documents for a damaged will.

In Canberra, use the ACT registry’s forms. Its probate application is Form 3.1, supported by Form 3.11 and the other prescribed documents. A Queensland Form 101 is not an ACT probate application.

Missing Originals and Further Affidavits

A missing original needs an explanation of custody and searches, together with the evidence required to prove a copy. Do not describe a photocopy as the original. The NSW guidance on difficult applications addresses searches and other defects that need supporting evidence.

Where proper signing or witnessing is uncertain, seek an affidavit of due execution from an attesting witness with first-hand knowledge. The NSW probate application guidance identifies circumstances requiring this evidence, including unexplained alterations.

A question about testamentary capacity concerns the deceased’s capacity when making the will. Identify the precise concern before requesting evidence. Contemporaneous observations from the drafting solicitor, attesting witnesses and treating clinicians can address different parts of that concern. Preserve the relevant records and obtain evidence from the people who observed the events.

A disputed validity case can require contentious probate proceedings. Adding an executor’s affidavit does not itself resolve opposing evidence. Registry staff can clarify filing channels, prescribed forms and procedural defects. Legal advice about the evidence and route remains the practitioner’s task.

Checking the Asset Inventory Against Bank Records

Build the inventory from ownership evidence and values at the required valuation date. A balance at the end of a later statement period can differ from the amount held at death.

Request a bank’s date-of-death balance confirmation where available. If a statement spans the death, reconcile movements from the last confirmed balance to that point. Keep later receipts, interest and payments in the administration records so they do not change the original inventory without explanation.

Review recurring transfers for accounts missing from the asset list. A transfer description is a lead. Obtain the receiving account’s ownership and balance evidence before adding it as an estate asset. Match both sides of transfers between supplied accounts and count each amount once.

Fictional Working Inventory

This fictional file contains confirmed assets and unresolved enquiries. It is a preparation worksheet, not a completed court inventory.

Item	Working value	Source evidence	Filing decision or enquiry
Sole-name savings account	$46,800	Bank confirmation at death	Include once, with account identifier
Sole-name term deposit	$80,000	Deposit certificate and bank confirmation	Confirm accrued interest treatment under the form
Half interest in land held as tenants in common	$410,000	Title search and valuation of the relevant interest	Record ownership share and valuation basis
Household contents	$7,500	Item list, photographs and documented estimate	Itemise material items and explain the basis
Repeated transfers to account ending 2281	Not yet established	Transfer rows in the supplied statements	Obtain ownership and balance records
Joint account with surviving spouse	$19,200 bank balance	Account mandate and survivorship information	Resolve ownership treatment before inclusion
Superannuation death benefit	Entitlement unresolved	Fund correspondence	Establish whether payable to the estate

The four quantified estate entries total $544,300 before any interest adjustment. The enquiry rows do not form part of that provisional total. Record liabilities separately and apply the selected registry’s rules for the filed totals.

Suppose the fictional savings account later receives $30 of interest earned entirely after death. Its later balance becomes $46,830. Keep the $46,800 date-of-death inventory figure and record the $30 in the administration ledger.

Joint tenancy differs from a tenancy in common. Property passing by survivorship normally needs separate treatment from the deceased’s estate interest. Trust property also needs ownership analysis. A deceased person’s control of a trust does not establish personal ownership of its assets. Superannuation and insurance proceeds require the relevant entitlement decision before inclusion.

Valuation Evidence

Use the valuation basis the registry requires for each asset and record that basis beside the figure. For land, identify the deceased’s legal interest and the date to which the valuation relates. Keep the title search and any valuer’s report together. A later sale price needs explanation if used to support an earlier value.

For household contents, document the items and the basis of the estimate. Separate material jewellery, art or collectables from a general contents figure. An insurance replacement value answers a different question from a resale estimate. Obtain specialist valuation evidence where the asset or uncertainty warrants it, and retain the assumptions used.

The Victorian inventory guidance permits an estimate where a value is unknown. Evidence of value need not routinely accompany that form unless the Registrar requires it. Keeping a defensible basis in the file supports the figure if questioned.

Where statement review takes hours away from the grant preparation, FinTrace analyses the supplied PDFs for you. You receive a searchable ledger and a findings report with direct source references. Transfers and suspicious transactions are clearly flagged. In one recent matter, roughly 50 hours of estimated manual lawyer review became about 10 hours of delivery. FinTrace performs this statement-analysis work at a fraction of the cost of manual review or engaging a forensic accountant for the same work.

Probate Requirements by State

Use the selected Supreme Court’s rules and forms throughout the file. State names change the grant process, not just the address on the application.

Jurisdiction	Registry and governing sources	Preparation route
NSW	Supreme Court Probate Registry. Probate and Administration Act 1898, Succession Act 2006 and Supreme Court Rules 1970, Part 78	Online Probate Service generates the summons and executor affidavit. Its notice is published automatically on submission. Use the NSW approved forms, including the inventory.
Victoria	Supreme Court Probate Office. Administration and Probate Act 1958, Wills Act 1997 and Supreme Court (Administration and Probate) Rules 2023	RedCrest-Probate handles advertisement and filing. Generate the affidavit and inventory from the application.
Queensland	Supreme Court. Succession Act 1981 and Uniform Civil Procedure Rules 1999, Chapter 15	Use the Queensland notice, application and affidavit forms. Legal practitioners lodge through the Online Services Portal.
WA	Supreme Court Probate Office. Administration Act 1903, Wills Act 1970 and Non-contentious Probate Rules 1967	Prepare the motion, executor affidavit and statement of assets and liabilities. File with the court in Perth.
SA	Supreme Court Probate Registry. Succession Act 2023 and Uniform Civil Rules 2020, Chapter 25	CourtSA handles electronic lodgement and generated grant documents. Use the PROB forms under the revised procedure.
Tasmania	Supreme Court Probate Registry. Administration and Probate Act 1935, Wills Act 2008 and Probate Rules 2017	Publish the notice on the court website. The approved forms include application Form 4, supporting affidavit Form 5 and inventory Form 10.
ACT	ACT Supreme Court Registry. Administration and Probate Act 1929 and Court Procedures Rules 2006	Use the ACT notice and probate forms, including the originating application and affidavit of search.

The official NSW online filing guide, SA procedure changes and Tasmanian forms provide the relevant filing documents. SA’s Probate Registry guidance identifies its current legislation and separates non-contentious grants from contentious proceedings.

For SA, match the supporting evidence to the current PROB form for the particular defect. Due-execution evidence has separate forms for a subscribing witness, another person present and a case where neither affidavit can be obtained. Identity differences and a will’s condition also have their own forms. Use CourtSA for lodgement and keep the selected affidavit consistent with the will and death evidence.

“ACT” in a grant search can mean the Australian Capital Territory. It does not identify a single national “Probate Act”. The ACT legislation register identifies its Administration and Probate Act. Tasmania’s registry legislation list and WA’s rules register identify their separate authorities.

For Queensland applications involving Cairns, Townsville or Rockhampton, use the Supreme Court filing route. The practitioner lodgement guidance distinguishes online legal-firm applications from self-represented filing at those registries or Brisbane. A NSW client in Penrith uses the NSW Supreme Court probate process. Locality does not create a separate Penrith probate court.

Tasmania’s Probate Registry handles applications statewide. Use its probate information kit for the Hobart filing destination. The existence of other court registries does not establish that each accepts the same probate filing.

Victorian preparation checklist

• Confirm which assets require a grant and whether the court’s small-estates optional service applies to the estate’s value and circumstances.
• Publish the notice through RedCrest-Probate and allow 14 clear days before filing, meaning filing on day 15 or later.
• Complete the generated affidavit and inventory. Match the original will, any codicils and death evidence to the application.
• Retain bank confirmations, title searches and valuation evidence supporting each inventory entry.
• Follow the Victorian filing steps, including delivery of required originals. Compare the completed file with the selected grant requirements before submission.

WA preparation checklist

• Confirm WA assets and each institution’s release requirements. The WA pre-application guidance explains when a grant is usually needed and when it might not be required.
• Use the court’s motion and statement templates and prepare the executor affidavit. Keep the original will, codicils and death certificate ready.
• Identify any non-applying executor and complete the applicable notice or consent process. Do not import another state’s general advertisement requirement into an ordinary WA probate application.
• Record date-of-death ownership and values under the WA application instructions. Match the bank identifiers and land particulars to the asset statement.
• Compare the completed file with the WA rules and practice directions, then lodge in person or by post under the court’s filing procedure.

Probate Processing Times and Requisitions

Probate timing combines any required notice period, document preparation and registry assessment. A grant date does not establish that the estate can immediately be distributed.

Jurisdiction	Notice or waiting requirement	How to assess processing
NSW	The online process publishes the notice on submission. The prescribed 14-day period must elapse before the court can progress the grant.	The court publishes separate assessment queues for grants and answers to requisitions. Use the relevant queue.
Victoria	Advertise 14 clear days before filing.	The Probate Office warns of delays beyond its usual 5 to 10 working days for review.
Queensland	Allow 14 days after publication and at least 7 days after the Public Trustee receives the notice.	Receipt, digitisation where needed and further evidence affect the application’s progress.
WA	Apply the notice requirements relevant to the application.	The filing page gives a four-week processing aim, with longer periods for complex or delayed files.
SA	A grant cannot issue earlier than 28 days after death under rule 356.20.	The registry says a correctly lodged, non-complex grant should issue in under four weeks.
Tasmania	Wait 14 days after publication before filing.	Assessment and any further evidence follow filing. Publication alone does not establish when an application was lodged.

Use the NSW assessment queues and Victorian delay notice for the file’s status. SA’s timing guidance distinguishes the minimum period after death from processing. Its registry FAQ explains the non-complex estimate. Tasmania’s registry explanation distinguishes publication from filing.

A requisition asks for correction or further evidence. It is not itself a refusal. Create a response against each numbered issue, identify the document answering it and file any required supplementary affidavit. A covering letter cannot replace sworn evidence where an affidavit is required.

For example, an unexplained name difference needs evidence connecting the identities. A missing bank identifier needs the identifying record and a corrected asset statement. Follow WA’s requisition instructions when responding in that registry.

If the court refuses the grant, read the reasons and identify the available corrective application or review route under that jurisdiction’s rules. A dispute requiring a validity determination follows the contentious route. Later executor duties, creditor issues and distribution checks continue after a grant issues.

Probate Filing Fees and Application Costs

Separate the court filing fee from notice charges, valuation expenses and legal work. A total probate quote needs its scope as well as an amount.

For NSW, use the Supreme Court’s filing-fee schedule and archive. The Online Registry calculates the payment required for the application. Enter the estate figures on the prescribed basis and compare the result with the applicable fee band. A court-fee calculation does not calculate the solicitor’s fee or the costs of later administration.

NSW legal work for obtaining the grant has a regulated costs framework. Schedule 3 of the Legal Profession Uniform Law Application Regulation 2025 distinguishes included application work from excluded services and disbursements. Taking instructions, preparing documents and answering requisitions differ from asset investigation, valuation and later transfer work. Identify those items separately in the retainer.

Victoria’s Probate Office fee schedule uses the gross value of Victorian estate assets for the filing-fee band. Advertisement and optional service charges are separate. WA’s probate forms and fees page lists a fixed application fee, alongside separate charges for other registry services. Neither figure is the lawyer’s complete bill.

A probate lawyer’s application retainer can cover the grant choice, evidence preparation and filing, followed by requisition responses within the agreed scope. Record whether a quote covers unusual affidavits or disputed issues. Compare legal-work charges with any applicable regulated scale, separately from court fees and third-party expenses.

For a historical query, such as NSW filing fees in 2019 or Victorian fees in 2025, select the official schedule effective at that filing time. A year can contain more than one schedule. Retain the exact effective period with the costs calculation and use the matching legal-cost rules. Before filing, reconcile the inventory total to the fee basis and confirm the retainer covers the application actually being made.