Westpac, NAB and Bank Probate Thresholds in the ACT

Your first instinct as an ACT executor is often to go straight to the bank. You need to pay the funeral, rates are overdue, and the accounts are frozen. What you quickly discover is that every bank has its own internal rule about when it will release funds without a formal Grant of Probate — and none of them advertise this limit anywhere obvious.

Here is what the current thresholds look like for the major Australian banks, why the numbers vary so much, and what to do if you are sitting above or below the limit.

Why Banks Have Probate Thresholds at All

Banks are not bound by ACT statute to freeze accounts at a specific dollar figure. There is no law that says "accounts over $X require probate." Instead, each institution operates under internal risk-management policies. If a bank releases funds to the wrong person and a valid executor later appears with a Grant of Probate, the bank can face liability. The threshold is essentially the point at which a bank decides the financial risk of releasing without court verification outweighs the inconvenience of asking an executor to obtain one.

This means thresholds can — and do — change. What you read on a legal blog from 2023 may not reflect what the bereavement team tells you on the phone today.

Current Indicative Thresholds for Major Banks

These figures reflect the best available intelligence for 2025-2026. Because they are internal policies rather than gazetted law, always confirm directly with the relevant institution's deceased estate or bereavement team before acting.

Commonwealth Bank (CBA) CBA's current threshold sits in the range of $50,000 for solely-held accounts. Above this figure, the bank will typically require a certified copy of the Grant of Probate before releasing funds. Below it, they will generally work with the original will, the death certificate, and a signed indemnity from the executor.

National Australia Bank (NAB) NAB operates a similar threshold: approximately $50,000 for solely-held accounts. For the executor's access request below this amount, NAB typically requires the death certificate, proof of the executor's identity, and a copy of the will. The deceased estate team at NAB is the correct contact — branch staff are not trained to handle these requests and will often refer you on regardless of account size.

Westpac Westpac's published guidance has at times indicated a higher threshold — reported figures range from $75,000 to approximately $114,674 for solely-held accounts. This is meaningfully higher than the CBA and NAB baseline, which matters if the estate's cash holdings sit in the $50,000–$100,000 band. If the deceased banked with Westpac and the balance falls below their threshold, you may avoid probate entirely for the cash component of the estate. Call their estate administration line to get the current figure before you file any court documents.

ANZ ANZ's threshold is broadly consistent with CBA and NAB — in the vicinity of $50,000 to $76,000 for solely-held accounts. ANZ's estate settlement team can confirm the current figure and will walk you through their informal release process, which typically involves completing an ANZ Estate Notification form.

Smaller banks and credit unions Some smaller institutions and mutual banks apply thresholds as low as $15,000 to $22,000. If the deceased held accounts at a credit union or regional bank, do not assume the major-bank threshold applies. Call the institution directly.

What "Solely Held" Actually Means

The threshold always applies to accounts held in the deceased's name alone. Joint accounts — where the deceased and a surviving partner were both named on the account — typically pass to the surviving account holder by right of survivorship without any probate requirement. The bank will need a copy of the death certificate to remove the deceased's name, but a Grant of Probate is not required for joint accounts at any threshold.

This is a common source of confusion. If the family bank account was a joint account, the surviving spouse can usually access it immediately. The probate threshold question only arises for accounts in the deceased's sole name.

Accounts vs. Real Property: A Critical Distinction

The bank threshold analysis applies only to cash and deposit accounts. For real estate, the rules are entirely different and not set by the bank at all.

If the deceased owned ACT property as a joint tenant (the most common arrangement for married couples), the property passes to the surviving co-owner automatically. No probate is needed for the property. The surviving owner files a Notice of Death by Surviving Proprietor (Form 015-ND) with Access Canberra Land Titles, paying the current lodgement fee of $178.

If the deceased owned ACT property as a sole owner or as a tenant in common, a Grant of Probate or Letters of Administration from the ACT Supreme Court is mandatory before the property can be sold or transferred. There is no threshold — the court grant is required regardless of the property's value.

This distinction matters because an estate might be entirely below the bank's probate threshold for its cash holdings, yet still require probate because of how real estate was held.

If you are uncertain how the property is held, an Access Canberra title search will show the tenancy structure. A solicitor or conveyancer can interpret the result if the terminology is unclear.

What to Do If Your Estate Sits Near a Threshold

If the estate's cash holdings sit close to a bank's threshold, the practical steps are:

1. Call the deceased estate team directly — not the branch, not the general enquiries line. Ask specifically: "What is your current informal release limit for solely-held accounts without probate?" Get the figure confirmed in writing if possible.

2. Gather the required documents before the call — the bank will ask for the death certificate, a copy of the will, and identity documents for the executor. Having these ready speeds up the conversation considerably.

3. Ask about partial releases — some banks will release a partial amount (for example, enough to cover funeral costs) even when the total balance exceeds their threshold. This is not guaranteed but is worth asking.

4. Do not submit a probate application before confirming — if the estate's cash sits below the relevant threshold and there is no solely-owned real estate, you may be able to close the estate without ever approaching the ACT Supreme Court. Filing an unnecessary application wastes the filing fee (a minimum of $1,124 for estates valued between $50,000 and $250,000) and adds months to the process.

If the cash balance is clearly above the threshold, or if the estate includes solely-owned ACT property, you will need to apply for probate. The ACT Supreme Court's process requires publishing a Notice of Intention online ($61) at least 14 days before filing, then lodging the formal application with Form 3.1, 3.4, 3.11, and 3.14.

The ACT Probate Process Guide covers the full bank release checklist alongside every step of the court application, with the current fee schedule verified against the 2025/2026 Court Procedures (Fees) Determination.

The One Number That Does Not Change

Unlike bank thresholds, the ACT Supreme Court's small estate filing fee waiver is set by legislation. Estates with a gross ACT value below $50,000 pay no filing fee at all. The court also has a fee hardship waiver application available through the registry for executors in financial difficulty. These statutory provisions are stable year to year — the bank thresholds are not, which is why confirming them by phone remains essential before making any decisions.

Unsure whether the estate needs probate or can be released informally? The ACT Probate Process Guide includes a bank-by-bank reference table, the joint tenancy vs. tenancy in common decision tree, and a complete checklist for informal releases — so you call the bank knowing exactly what to ask for.

See more Australian Capital Territory guides →