How long does probate take in Victoria?

People often ask how long probate takes when they mean how long until the estate is distributed. They are different periods. Obtaining the grant is a Court process with a defined sequence. Administering the estate is the wider work of collecting assets, paying debts and tax, dealing with claims, accounting and distributing. The grant is usually a milestone within that longer period.

Preparation time depends on how organised the deceased's affairs were. Obtaining a death certificate showing cause of death, finding the original will and getting date-of-death balances from institutions can take time outside the applicant's control.

The notice of intention must be published through RedCrest-Probate at least 15 days before the application is filed. The Court's Probate Office FAQs confirm the application can be lodged only after the advertisement has been on the Court's website for at least 15 days. Publishing the notice early, while completing the inventory, can use that period productively. The steps are explained in the how to apply guide.

After filing, the Court reviews applications once the original will and supporting documents have been received. The Court's FAQs describe how applications are reviewed, including that they are generally reviewed in the order received, and give indicative information that can change with workload. The Court has also acknowledged periods of delay. For those reasons this guide does not state a processing time. Check the Court's FAQs for current information.

Things the applicant controls can still shorten the process: filing a complete application, posting the originals promptly as instructed, anticipating unusual features and checking email regularly, including junk folders.

A requisition is a request from the Probate Office for correction, clarification or further evidence. It is not necessarily a rejection, but the application cannot progress to a grant until the matter is addressed. The time a requisition adds depends on what is requested: a corrected detail may be quick, while evidence from a witness to the will can take much longer. See probate requisitions.

Once the grant is made, the representative uses it with asset holders. Each institution has its own process for closing accounts or transferring holdings. Real estate may need to be transferred to a beneficiary or sold, and a sale has its own timetable. These steps are described in the estate administration guide.

Tax

The deceased's final individual tax return, any outstanding earlier returns and, where the estate earns income, trust returns for the estate may be required. The ATO's guidance on confirming tax obligations are complete is relevant before final distribution. Tax work can extend the administration, particularly where records are incomplete.

Claims and the timing of distribution

Section 99 of the Administration and Probate Act 1958 (Vic) generally requires a family provision application to be made within six months after the grant, subject to the Court's power to extend time. Section 49 provides that a personal representative is not bound to distribute before one year after the death. Neither provision sets a fixed completion date. The distribution guide explains how they bear on the decision to distribute.

• The original will cannot be found, or its form or execution is in doubt.
• An executor is unwilling, unavailable, overseas or unable to act.
• Assets are held outside Victoria and need a separate grant or reseal.
• Tax returns were not lodged in the years before death.
• A beneficiary or family member disputes the will or makes a claim.
• Real estate is difficult to sell or is occupied by a family member.
• A caveat has been lodged against the grant.

A realistic plan identifies which steps can run in parallel. The notice can be published while the inventory is finalised. Tax records can be gathered while the grant application is under review. Property can be insured and prepared for sale or transfer before the grant arrives, although it cannot usually be transferred until then.

1. 1Identify the critical pathUsually the grant, any property transaction and the final tax position.
2. 2Start slow third-party steps earlyDeath certificate, date-of-death balances, title searches and tax records.
3. 3Schedule reviewsDiarise follow-ups with the Court, institutions and advisers rather than waiting passively.
4. 4Review claim riskConsider section 99 and any notice of a claim before planning distribution.

Beneficiaries often expect an estate to be finished soon after the grant. Explaining the stages at the outset, and which of them depend on the Court, institutions or the ATO, helps to manage expectations and reduces friction. Updates that identify what is outstanding and what the executor is doing about it are more useful than estimated completion dates, which can rarely be guaranteed.

We can identify likely causes of delay at the outset, prepare a complete application and plan the administration steps that follow. We do not promise completion dates, because many steps depend on the Court and third parties, but we can explain where a particular estate is likely to take time.

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