When you need a grant of probate
Not every estate will have to go through the probate process. Find out when you do and do not have to apply for probate.
Some estates do not need to go through the probate process.
Generally you'll need to apply for a grant of probate if:
- the assets are owned solely by the person that has died
- assets are over a certain amount.
You will not need to apply for a grant of probate if:
- all assets are shared with a single person
- the total amount of assets doesn't exceed a certain amount.
Shared assets means that the asset (for example, house, bank accounts, or shares) are jointly owned. This is often the case for people who have been married.
The executor is legally responsible for probate. To be sure about whether you need to apply for a grant of probate, talk to a lawyer.
Learn more about whether you need to apply for probate at LawAccess NSW.