Probate
Small Estate
Also known as: Small Estate Procedure
An estate small enough that assets can often be released without a formal grant of probate.
What it means
A small estate is one whose assets fall below the thresholds that banks, super funds and registries set before they insist on a Grant of Probate. For these estates, an institution may release funds to the executor or next of kin on a signed indemnity and a death certificate instead. It matters because it spares a grieving family the cost and delay of a court application when the estate is modest.
How it's used
There is no single national figure — each bank and fund sets its own limit (often in the tens of thousands), and some states offer simplified court procedures or public trustee help for low-value estates. Example: Because Tom's only assets were a $9,000 savings account and his car, the bank released the funds to his executor on a statutory declaration, with no probate needed. Jointly held assets pass to the survivor by survivorship and are not counted as part of the estate.
Related terms
Learn more
Read the guide: Estate Administration →This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.
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