Estate planning is something most people know they should think about, but often put off because it feels too complex or uncomfortable. But knowing what happens after someone passes away — especially the process called probate — can save families stress, confusion and unnecessary delays at an already emotional time.
This article breaks it down in plain English, so you understand what actually happens and why planning ahead matters.
When Someone Passes Away: What Happens First
Once a loved one passes away, the first steps are usually practical ones:
- A doctor issues a death certificate (or the hospital does).
- The family contacts a funeral director to arrange the funeral or memorial.
- The next-of-kin looks for important documents such as:
- The Will
- Details of bank accounts
- Superannuation and insurance policies
- Property titles
- Marriage certificates
- Any prepaid funeral plans
This is also the point where the question arises: who is responsible for handling the estate?
If there is a Will, it usually names an executor.
If there’s no Will, someone (usually the spouse or adult children) applies to manage the estate.
What Is Probate and Why Is It Needed?
Probate is the court process that legally confirms that:
- the Will is valid, and
- the executor has permission to administer the estate.
Think of probate like the court “stamping” the Will to say:
“Yes, this is the real Will, and yes, this person has the authority to deal with the deceased’s assets.”
Many organisations will not release assets until probate is granted, including:
- Banks
- Land registries (for property transfers)
- Share registries
- Investment platforms
- Aged care providers
Without probate, the executor can’t sell the house, access the bank accounts, or distribute money to beneficiaries.
How the Probate Process Works
Here is the typical probate process in Australia:
- Locate the original Will
The executor must find the original signed document. - Prepare an inventory of assets and debts
This includes bank balances, property values, loans and liabilities. - Apply to the Supreme Court
Probate is handled by the Supreme Court in each state.
The application includes:- The Will
- The death certificate
- Executor’s details
- List of assets and liabilities
- A legal affidavit confirming the documents are genuine
- Probate is granted
This usually takes 4–8 weeks, depending on complexity and court workload. - Executor administers the estate
Once probate is granted, the executor can:- Collect assets
- Pay outstanding bills
- Finalise tax returns
- Sell or transfer property
- Distribute funds to beneficiaries as outlined in the Will
What If There’s No Will?
If someone dies without a Will (intestate), the process is slower.
A family member must apply for Letters of Administration — similar to probate but without the guidance of a Will.
State laws determine who inherits, which may not align with what the person would have wanted.
Why Estate Planning Matters
A well-prepared Will and estate plan:
- Makes probate faster and cheaper
- Reduces family conflict
- Provides clarity for loved ones
- Ensures your assets go where you intend
Estate planning may feel intimidating, but understanding probate is the first step. It’s less about legal jargon and more about making life easier for the people you care about most. Letting your family know what to expect — and having your documents in order — is one of the greatest gifts you can leave behind.