When an estate is very small, there may be no need to obtain a grant of probate or letters of administration. This depends on the amount of the estate, how the money is held, and certainty about the existence and operation of a will. It also depends on whether or not it is possible to get hold of the deceased's assets without a grant of probate or letters of administration. Where this is not possible, the procedures for dealing with an estate must be followed. Where it is possible, there is no need to employ a lawyer, although sometimes it may be helpful. It is not possible to say precisely when a grant of probate or letters of administration are not needed. The following is a guide only.
The Australian Death Notification Service notifies participating organisations (such as certain banks, utilities providers and superannuation companies) that someone has died. It is a free federal government initiative to help people get in touch with multiple organisations using a single online notification. Before using the service, the death needs to have been registered with the Registrar of Births, Deaths and Marriages (Consumer and Business Services). The service only works where the certificate matches the details provided to the record.
From 1 January 2025, the Public Trustee may administer a small estate (an estate valued at $100,000 or less that does not include real property) without needing to apply to the Supreme Court for probate or letters of administration. Once the Public Trustee has given notice to the Registrar of Probates and published notice in the Government Gazette and on its website, the Public Trustee will be taken to have been granted probate or administration (as the case may be) [Succession Act 2023 (SA) s 73].