Probate Tweed Heads

If your loved one didn’t have significant assets, you might not need to apply for probate at all. Here’s how to tell:

You may not need probate if:

• Their bank accounts had a low balance (usually under $15,000–$50,000, depending on the bank)
• They didn’t own real estate in their sole name
• Their assets were jointly owned (e.g. a joint bank account or house with a spouse)
• Their only assets were personal items like clothes, furniture, or a car of modest value
• Their superannuation has a named beneficiary

Each bank, insurer, or institution has its own rules — some will release small balances with just a death certificate and a few forms.

First, we’re really sorry for your loss. Losing a loved one is incredibly tough — and it’s even harder when there’s no will left behind. But don’t worry — you’re not alone, and this can be sorted.

1. Find Out What’s in the EstateStart by working out what they owned:
   • Any property?
   • Bank accounts?
   • Superannuation?
   • Vehicles or valuables?
   • Any debts?

   If most of their assets were jointly owned or very small, you may not need to go through a formal court process.

2. No Will? You May Need Letters of AdministrationIf they had significant assets (like property or larger bank accounts), you’ll likely need to apply for Letters of Administration — this is a court order that allows you to manage the estate when there’s no will. Usually, the next of kin applies — like the surviving spouse, adult children, or parents, depending on the family situation.
3. The Law Decides Who Gets WhatBecause there’s no will, you can’t decide how the estate is divided — it’s done under NSW intestacy laws (a legal order of priority based on family relationships). We’ll help you understand exactly who’s entitled and in what share.

Great — you’ve taken a big step. Now that the court has granted you legal authority, you can officially administer the estate. That means tying up the deceased’s affairs and making sure everything is passed on properly.

1. Collect the AssetsUse your grant to:
   • Access bank accounts
   • Sell or transfer property
   • Claim superannuation and insurance (if not already done)
   • Deal with shares, vehicles, and other investments
2. Pay Debts and Final BillsBefore distributing anything, make sure you:
   • Pay off any outstanding loans, credit cards, or utility bills
   • Settle any taxes (we can help liaise with the ATO if needed)
   • Keep records of everything you pay out
3. Prepare a Statement of Assets & LiabilitiesIt’s a good idea (and sometimes legally required) to prepare a final summary showing:
   • What’s come in
   • What’s been paid out
   • What’s available to distribute

   This protects you in case any questions arise later.

4. Distribute the EstateIf there’s a will: follow the instructions and give each beneficiary their share.
   If there’s no will: follow the legal intestacy rules we advised you on earlier.You may need to get receipts or sign-offs from beneficiaries as proof.
5. Finalise & Close the EstateOnce everything’s paid and distributed:
   • Close any leftover accounts
   • Cancel any licences, memberships or ID cards
   • Keep copies of documents for your records