Documents needed for a probate application in Victoria

The Court's RedCrest-Probate e-filing information identifies documents such as a certified copy of the death certificate showing cause of death, the original will or codicil if there is one, and information about the assets and debts of the deceased. The applicant does not draft the formal Court documents from scratch: RedCrest creates the document package from the information entered.

The inventory is sworn evidence. It lists the deceased's assets and liabilities, and the Court's filing fee is based on the gross value of Victorian assets. The exact fee bands are on the probate costs page, which is dated to the Court's current schedule.

• Real estate: title details, how the property was held and a supportable value at the date of death.
• Bank accounts: balances at the date of death from institution statements, not estimates.
• Shares and managed funds: holding statements and a date-of-death valuation.
• Vehicles, household contents and personal items where material.
• Debts: mortgages, credit cards, personal loans, tax liabilities and final bills, recorded as liabilities rather than deducted from assets.
• Assets that may not form part of the estate, such as jointly held property or superannuation, identified and considered separately.

If an asset's ownership or value is uncertain, resolve it before filing where possible. An inventory that later proves materially wrong may need correction through further Court steps.

For intestacy applications, evidence of relationship matters. A domestic partner may need to show the relationship existed at the date of death; a child or sibling may need to establish the family relationship and the absence of anyone with a higher entitlement. The letters of administration guide explains applicant priority and the distribution rules.

The Court's unusual applications guidance explains that additional documents may be required in particular circumstances. Common examples include the following.

• Alterations, crossings-out or additions: evidence about when they were made and whether they were properly executed.
• Marks, holes or signs that something was attached: an explanation of the will's condition.
• A will that is not dated: an affidavit of due execution from the witnesses establishing the date or range of dates.
• A will not signed in the presence of two witnesses: an application under section 9 of the Wills Act 1997 (Vic), which requires evidence of the deceased's intention.
• A missing original: an application to prove a copy, with evidence of searches and of due execution; see the missing original will guide.
• Name differences between the will, death certificate and assets: an explanation that the names refer to the same person.

Documents are uploaded to RedCrest, but the original will remains a physical document the Court retains. After filing, the Court advises what must be posted. For probate this includes the original will and codicils, the certificate identifying exhibits and the RedCrest originating motion. The ordered steps are in the how to apply guide.

Keep a complete copy of everything filed and posted, and a record of when and how it was sent. Those copies are also useful when dealing with asset holders and when answering a requisition.

• Certified death certificate showing cause of death obtained.
• Original will and every codicil located; search made for any later document.
• Will copied without removing staples; condition noted.
• Title searches completed for land; ownership confirmed.
• Date-of-death statements obtained for accounts and investments.
• Debts and liabilities listed separately.
• Co-executors' positions confirmed (applying, renouncing or reserving power).
• Any unusual feature identified and extra evidence planned.
• Applicant names and identity details checked against the will.

Probate Office review often turns on consistency. The deceased's name should match across the will, the death certificate and the asset records, or the difference should be explained. The same applies to the executor's name. A married name, a middle name used as a first name, or a spelling error in the will can each require an explanation in the affidavit.

Similarly, the address and occupation details should be accurate. If the will describes an executor by a former address, the application explains that the applicant is the person named. Checking these details before filing is one of the simplest ways to avoid a requisition.

We can review the will and the gathered material, identify additional evidence the Probate Office is likely to require, and prepare supporting affidavits. That review is most useful before filing, where the will is altered or damaged, the original is missing or there is no will.

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