Access Bank Account After Death in Australia: What the Banks Won't Tell You
Access Bank Account After Death in Australia: What the Banks Won't Tell You
The bank knows someone has died. The account is frozen. The funeral bill is due. And you are being told to "wait for probate" — a process that takes four to twelve weeks at the Supreme Court of Victoria.
Here is what the bank's front-desk staff rarely explains: most Australian banks will release funds without probate, provided the balance is below their internal threshold. These thresholds are not on their website. You have to ask.
The Informal Release System
There is no Australian law that mandates probate for bank account access. Each bank sets its own policy for what they will release informally — without a court order — to the executor or next of kin.
This is called an "informal release" or "small estate release." The bank requires:
- A certified copy of the death certificate
- Proof of identity for the executor or next of kin
- The original will (if one exists) or evidence of next-of-kin status
- A statutory declaration confirming the identity and authority of the person claiming
- An indemnity form (signed by the claimant, promising to reimburse the bank if another claimant appears later)
If the balance is below the bank's threshold and these documents check out, funds are released — typically within 5–10 business days.
Call the deceased estates team, not the branch. Every major bank has a specialist team. The branch does not have authority to make threshold decisions. Ask specifically: "Can you tell me your current informal release threshold for a deceased estate?" Write down the answer and who told you.
What the Thresholds Actually Are
Thresholds are internal bank policies, not public law, and they change. Some documented figures from 2025:
- Commonwealth Bank: Threshold documented above $150,000 — meaning CBA will release sole-name accounts below this amount without probate
- Credit unions and smaller institutions: As low as $20,000
- ANZ, Westpac, NAB: Typically in the range of $50,000–$150,000, varying by account type and circumstances
These numbers shift. Do not rely on figures you read online, including in this post. Call the specific bank, get the current threshold, and confirm in writing.
If the deceased held accounts at multiple banks, each bank's threshold applies separately to that institution's balance — they are not aggregated.
Joint Accounts: No Probate Required
If the account was held as a joint account (not to be confused with a "joint tenant" real estate arrangement, though the principle is similar), the surviving account holder becomes the sole owner by operation of law at the date of death.
The bank needs:
- A certified death certificate
- Proof of identity for the surviving account holder
No probate, no statutory declaration, no indemnity form. The account continues under the surviving holder's name. This process typically takes a few days at most.
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Release Funds Without Probate in Victoria: The Broader Picture
Bank accounts are one piece. Other assets may also be releasable without formal probate:
Superannuation. Super funds pay death benefits directly to nominated beneficiaries (or trustee-selected beneficiaries) — outside the estate entirely. Probate does not release super; the fund has its own claim process.
Life insurance. Most policies pay directly to the nominated beneficiary, bypassing the estate. If there is no nomination, the insurer may require probate.
Real estate. Property held as joint tenants transfers via survivorship — no probate. Property held solely in the deceased's name requires either a Transmission Application (which requires probate) or, in Victoria's Small Estates process, the Supreme Court's direct assistance for estates under $133,090.
Vehicles. VicRoads will transfer a vehicle registration on presentation of a death certificate and appropriate authority, without probate in most cases.
Shares. Share registries have their own thresholds for informal transfers. Contact the relevant registry directly.
When You Actually Need Probate
Probate becomes unavoidable when:
- A bank account balance exceeds that bank's informal release threshold
- Real property was held solely in the deceased's name, or as tenants in common (not joint tenants)
- A share registry or other institution requires it
- Another beneficiary or creditor is contesting the estate
In Victoria, for the 2026/2027 financial year, the Supreme Court has waived probate filing fees for estates with a gross Victorian value under $250,000. This means that for many modest estates, the court cost of probate has been eliminated — the remaining costs are the mandatory POAS advertising fee ($37–38) and the cost of producing certified documents.
For estates under $133,090 (the 2025/2026 Small Estates threshold, indexed annually), the Probate Office's Small Estates Optional Service is available. For $314.40, a court registrar will draft the required affidavit and publish the mandatory advertisement on your behalf — you do not need a solicitor.
Dealing with the Bank in Practice
When you call the deceased estates team, use plain, direct language:
"I am the executor of the estate of [name], who died on [date]. I need to understand your informal release threshold for their account(s) at your bank, and what documents you require for release without probate."
If the balance is below the threshold, they will send you their paperwork. Complete it promptly, return it with the required certified documents, and follow up after seven business days.
If the balance exceeds the threshold, ask if they will release a partial amount to cover urgent funeral and estate administration costs. Some banks will make an emergency release for funeral expenses, regardless of the overall threshold, on presentation of a funeral invoice.
If refused entirely, probate is the path forward. The timing and sequencing — particularly around Victoria's SRO land tax notifications and Centrelink deadlines running concurrently — matters for avoiding compounding problems while the Supreme Court processes the application.
The Victoria Survivor Benefits Navigator includes bank notification templates, the informal release process step by step, and the full probate workflow for Victorian executors. Get the complete guide to manage every financial step without costly delays or missteps.
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