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For executors and family members applying for probate or letters of administration in Victoria. Tell us about the estate and we will take it from there.
Before you start
Time: about a minute for the first page, or about 15 minutes to answer everything online.
Have handy: the will (if there is one), the death certificate if you have it, and a rough idea of what the person owned and owed.
Not sure of an answer? Leave it blank and we will ask.
We reply within one business day. Where the work allows, we quote a fixed fee. Otherwise we charge for the time spent and give you a written estimate.
Prefer to talk? Call 1800 776 529.
Common questions
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Probate is the formal legal process by which the Supreme Court of Victoria confirms that a deceased person’s will is valid and grants the executor authority to administer the estate. A grant of probate gives the executor the legal power to collect the deceased’s assets, pay outstanding debts and liabilities, and distribute the estate to beneficiaries in accordance with the will. Without a grant of probate, most financial institutions, Land Use Victoria, and share registries will not act on the executor’s instructions.
Letters of administration are granted by the Probate Office of the Supreme Court of Victoria when a person dies intestate (without a valid will), or when a will exists but does not appoint an executor, or where the named executor is unable or unwilling to act. The grant gives the administrator the same authority as an executor to collect and distribute the estate. Where there is no will, the estate is distributed according to the intestacy provisions of the Administration and Probate Act 1958 (Vic) rather than according to the deceased’s wishes. Our step-by-step guide to letters of administration explains who can apply and how, and our probate and letters of administration lawyers page explains how we help.
A grant of probate or letters of administration is generally required in Victoria when the deceased held assets in their sole name that third parties will not release without a court grant. Common situations include: real property (land or a house) registered solely in the deceased’s name at Land Use Victoria; bank accounts or investments above the release limit set by each institution; shares or managed funds held in the deceased’s sole name; and amounts owed to the deceased by a third party. Each institution has its own policy and a probate lawyer in Victoria can advise whether a grant is required for the specific assets in an estate.
Probate or letters of administration may not be required for certain assets that pass outside the estate. These include: assets held as joint tenants, which pass automatically to the surviving co-owner by right of survivorship; superannuation with a valid binding death benefit nomination paid directly to the nominated beneficiary; life insurance proceeds paid to a named beneficiary; assets owned by a family trust or another trust rather than by the deceased personally; and small estates where financial institutions agree to release funds without a formal grant. We advise on whether a grant is strictly required based on the specific estate.
Applications for a grant of probate or letters of administration in Victoria are filed online with the Supreme Court of Victoria through its RedCrest-Probate system. The process requires: posting a notice of intention to apply on RedCrest-Probate, after which the application cannot be filed for at least 14 days (the Court advises allowing 15); preparation of the application and supporting affidavit, the original will (if any), and the death certificate; and payment of the applicable court filing fees. Most executors engage a probate and estate lawyer to manage the application, as errors or omissions cause delays. Our firm acts for executors and administrators across Melbourne, Frankston, and the Mornington Peninsula.
The Supreme Court of Victoria advises that a grant may take several weeks from the start of the process, and the Probate Office has reported delays beyond its usual review times. The online notice must be posted on RedCrest-Probate at least 14 days before the application is filed, and the Court advises allowing at least 15 days. Complex estates, disputed wills, missing documents, or court requisitions can extend the timeline considerably. After the grant is obtained, fully administering and distributing the estate may take several further months depending on the nature of the assets, whether real property needs to be sold, and whether any claims are made against the estate under the Administration and Probate Act 1958 (Vic).
Court filing fees for a grant of probate or letters of administration in Victoria are set by the Supreme Court (Fees) Regulations 2018 (Vic) and depend on the gross value of the deceased’s Victorian assets. Smaller estates pay no filing fee, and the fee rises with the value of the estate. The Court publishes the current fees each financial year. In addition to court fees, professional legal fees apply for preparation of the application and administration of the estate. Where the work allows, we quote a fixed fee for probate applications. Contact us on 1800 776 529 to discuss your matter.
An executor (appointed under a will) or administrator (appointed by the court where there is no will) has extensive legal duties under the Administration and Probate Act 1958 (Vic) and the Trustee Act 1958 (Vic). These include: obtaining a grant of probate or letters of administration; identifying, collecting, and valuing all estate assets; notifying financial institutions, the Australian Taxation Office, and Services Australia; paying all valid debts and liabilities; lodging the deceased’s final tax return; and distributing the estate to beneficiaries. Executors can be held personally liable for incorrect distributions. We provide executor assistance services for all stages of the estate administration process.
Yes. An executor or administrator can be removed or passed over by the Supreme Court of Victoria in certain circumstances, including where the executor has failed to act, is in conflict of interest, is bankrupt, or has acted in breach of their duties to the estate. Beneficiaries or other interested parties may apply to the court for removal. If you are concerned about the conduct of an executor or administrator, we can advise you on your rights and the appropriate steps to take.