FAQ
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, the Land Registry, 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.
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 institutional thresholds (typically $50,000 though this varies); 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 held in a family or testamentary trust; 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 with the Probate Office of the Supreme Court of Victoria. The process requires: publication of a notice of intention to apply in the Victorian Government Gazette at least 14 days before filing; preparation of the originating motion, supporting affidavits, 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.
Obtaining a grant of probate or letters of administration in Victoria typically takes six to twelve weeks from the date of filing, provided the application is in order. The mandatory 14-day Gazette notice period must be observed before lodging. 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 calculated on a sliding scale based on the gross value of the estate and are set by the Supreme Court (Fees) Regulations. For estates valued over $500,000 the court fee alone can be several thousand dollars. In addition to court fees, professional legal fees apply for preparation of the application and administration of the estate. We provide transparent, fixed-fee quotes 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.