How to apply for probate in Victoria

Two questions should be answered before opening RedCrest. First, does the estate need a grant at all? The when probate is required guide explains how to check with asset holders. Second, is probate the right grant? Probate is for an executor named in a will. Where there is no will, or no executor able and willing to apply, the application is for letters of administration instead.

It also helps to assemble the documents and information first. The Supreme Court's how to apply page lists the original will and any codicils, the death certificate showing cause of death, a list of assets and debts, and contact details for people named in the will. The application documents guide explains that preparation in detail; this page concentrates on the order of the online steps.

The Court's published process is set out as a series of steps. The sequence below follows the Court's how to apply page and RedCrest-Probate e-filing information. Always follow the current instructions on those pages, which prevail over any summary.

1. 1Create a RedCrest-Probate accountThe applicant, or the applicant's lawyer, registers for an account. The application is then managed from the account's drafts and filings.
2. 2Publish the notice of intentionIn RedCrest, start a new advertisement and application and answer the questions to prepare the notice. Paying for and publishing the notice does not file the application.
3. 3Wait at least 15 daysThe application can be filed only after the notice has been published for at least 15 days. Use the time to finalise the inventory and check the will.
4. 4Complete the application in RedCrestEnter the details of the deceased, the will, the applicant and the assets and liabilities. RedCrest then generates the document package, which includes the originating motion and the affidavit.
5. 5Print, sign and witness the documentsRedCrest provides an instruction sheet saying exactly what must be signed. The affidavit is signed in front of a qualified witness, such as a justice of the peace, and the will is identified as an exhibit as instructed.
6. 6Upload the documents, file and payScan each required document separately, upload it and submit the application, paying the filing fee if one applies. The probate costs guide sets out the current dated Court fees.
7. 7Post the original documentsAfter filing, the Court advises what must be posted. For probate this includes the original will and any codicils, the certificate identifying the exhibits and the originating motion created by RedCrest. The Probate Office emails to confirm receipt of the original will.
8. 8Wait for reviewA Probate Office staff member reviews the application. The Court's FAQs describe current review arrangements; timing varies and is not guaranteed.
9. 9Respond to any requisitionIf more information is needed, the Probate Office emails the applicant explaining what is required. See the requisitions guide.
10. 10Receive the grantIf everything is in order, the Court emails to say the grant has been made and provides it electronically. The executor then uses it with asset holders.

The notice tells the public that the applicant intends to apply for a grant. It gives people who may have an interest, such as creditors, possible beneficiaries or someone holding a later will, an opportunity to become aware of the application. The Court's instructions and FAQs state that the application can be lodged only after the advertisement has been on the Court's website for at least 15 days.

The 15 days is a minimum before filing, not an estimate of how long the whole grant takes. The details in the notice should match the application. If a material detail changes, such as the applicant or the will relied on, the notice may need to be published again, which has its own Court charge.

The affidavit is the applicant's sworn or affirmed evidence to the Court. It covers matters such as the death, the will relied on, the applicant's entitlement, the searches made for any later will and the estate's assets and liabilities. Because it is evidence, it must be accurate. An applicant should not sign an affidavit containing statements they do not know to be true.

The original will is identified as an exhibit in the way RedCrest's instruction sheet describes. Do not remove staples, clips or attachments from the original will, and do not write on it; its physical condition can itself raise questions the Probate Office will ask about.

Filing is done online, but the original will is a physical document the Court keeps. After an application is submitted, RedCrest and the Court advise what must be sent by post. Send the documents as instructed, keep a copy of everything posted, and use a traceable method. The Court's FAQs explain that once receipt of the original will and supporting documents has been confirmed, the application is waiting to be reviewed.

Where there is no original will, for example where a copy is being proved, the Court's guidance explains what is filed instead. See the missing original will guide.

The Court states that once the grant is received the representative is legally authorised to manage the estate, including contacting banks, share registries and other organisations. The grant is the start of the administration phase, not the end of the executor's work. Collecting assets, paying debts and tax, accounting and distributing are covered in the estate administration guide, and the executor duties checklist gives a working list.

• Filing before the notice has been published for the full 15 days.
• Applying for probate where the executor has died or renounced, when a different grant is needed.
• Using approximate or net values in the inventory instead of the values the Court asks for.
• Omitting a codicil or later testamentary document.
• Removing staples or attachments from the will, or marking it.
• Not posting the originals, or posting them without the documents RedCrest specifies.
• Missing Court emails, including those in junk folders, which the Court asks applicants to check.

We can prepare and file the application through RedCrest on the executor's behalf, or review an application the executor has prepared before it is filed. Assistance is most valuable where the will or the executor's position is unusual, or where a requisition has already been received.

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