A small estate is one in which the gross value (i.e. before any debts are deducted) of solely owned assets does not exceed $50,000 where the beneficiaries are the husband or wife or children or the widowed mother of the deceased; or in which the gross value of solely owned assets does not exceed $25,000 and the beneficiaries are other than the surviving spouse, children or widowed mother of the deceased (s.71 A&P Act).

Apart from the solely owned assets as described above, the deceased may have had unlimited jointly owned assets such as a house, bank account, etc. and the estate will still fall into the category of a small estate.

Where the executor or administrator of a small estate lives in the Melbourne metropolitan area, the staff of the Small Estates Office will arrange for a grant of representation.

Where the executor or administrator lives more than 32 km from the Melbourne GPO, the Clerk of the nearest Magistrates' Court will prepare the necessary documents. There is a filing fee of $98 to file an application through the Small Estates Office.

Wages due to the deceased may be paid directly to the dead employee's executors without probate, provided that the deceased employee's estate is less than $25,000 and the wages due do not exceed $12,500 for deaths after 25 April 1995 ($10,000 for deaths prior to that date) (s.32 A&P Act).