Probate in Victoria

The first question is not how to complete a form. It is whether anyone holding an asset requires a grant of representation before releasing or transferring it. The Supreme Court's grant guidance explains that some estates are administered informally and that asset holders should be asked directly about their requirements. Make a list of banks, share registries, insurers, property and any other holdings, and record what each institution says it needs.

The Court states that Victorian land held by the deceased solely or as a tenant in common requires a grant. A tenant in common owns a distinct share; it does not simply pass to the other co-owner by survivorship. Land held as joint tenants is different: the surviving proprietor uses a survivorship application to update the title. Check the title rather than assuming that two names on a document mean the same form of ownership.

A bank may agree to release funds without a grant if its own conditions are met. Another institution may require a grant for a similar value. Joint accounts, nominated benefits and superannuation require separate examination: they do not automatically become part of the estate merely because they were connected to the deceased. If no grant is needed, the representative still has to deal responsibly with assets, liabilities and entitlements.

A grant of representation is a Court document identifying the person with authority to deal with estate assets. Probate is the grant made to the executor named in a will. For the purpose of that grant, the Court recognises the will and confirms the executor's authority to administer the estate. The grant does not itself collect money, pay creditors or distribute property. Nor does it conclusively prevent a later dispute about the will or an executor's conduct.

Being named as executor gives the person a role under the will, but asset holders may insist on formal Court evidence before acting on instructions. After obtaining the grant, the executor must administer the estate according to the will and applicable law, including identifying liabilities, keeping accounts and paying the people entitled. Read the executor duties guide before making decisions about an asset or an early distribution.

The Supreme Court's wills and probate guidance distinguishes three principal pathways. Identifying the right one before advertising avoids starting the wrong application.

A missing original, an informal document or a problem with witnessing does not necessarily mean there is no admissible will. The Court may require evidence or an unusual application. Conversely, where no will can be admitted, the letters of administration guide explains eligibility and intestacy. A will can also leave some property undisposed of; partial intestacy is a distribution question, not permission to disregard the will.

The Court's application instructions set out the online process. The documents and evidence may vary with the grant type and the circumstances. Keep a copy of each item and check the current Court instructions before lodging.

1. 1Enquire about assets and authorityList the assets, values and liabilities. Ask holders whether a grant is required; identify Victorian land and any jointly held property.
2. 2Identify the grant and applicantFind the latest will and codicils, confirm who is named executor and whether they can act, and check whether probate or another grant is appropriate.
3. 3Gather original documents and inventoryObtain the death certificate showing cause of death, the original will and codicils where applicable, and a properly supported inventory of assets and liabilities. Keep the original documents safe.
4. 4Publish the intention to applyUse RedCrest-Probate to publish the notice at least 15 days before filing. Check the details of the deceased, the applicant and proposed grant before publication.
5. 5Prepare the sworn materialsComplete the originating motion and supporting affidavit through the Court's process, with the inventory and exhibits. Have the affidavit sworn or affirmed before an authorised witness as required.
6. 6File and payAfter the notice period, lodge the application and required scanned attachments in RedCrest-Probate and pay the applicable filing fee.
7. 7Send original documents to the CourtWhere a will or codicil applies, follow the Court's instructions for posting the original will and codicils, the exhibit-identification certificate and the originating motion. An uploaded scan does not replace the required originals.
8. 8Answer any requisitionIf the Registrar seeks clarification, provide the specified evidence or corrected documents. Do not assume filing alone guarantees that a grant will issue.
9. 9Receive the electronic grantIf the application is accepted, the Court issues an electronic grant. Give asset holders the form of grant they require and continue the estate administration.

The 2026–27 costs guide gives the Court filing bands and notice charge. An optional Court small-estate preparation service may suit a simple eligible application; it does not remove the need to decide whether the grant is required.

Before filing, compare the spelling and dates across the advertisement, death certificate, will, affidavit and inventory. If the deceased used another name, or a codicil changes the executor, explain the discrepancy rather than leaving the Registrar to infer the connection. The inventory should be based on enquiries and evidence, not an estimate chosen to fit a lower Court fee band. Retain the information used to value assets so a later change can be explained.

Questions about the will

If only a copy can be found, search for the original and investigate why it is missing. Alterations, unsigned notes, unusual execution, capacity concerns or uncertainty about witnesses may call for additional evidence. The Court's unusual-applications guidance and the Wills Act 1997 (Vic) are starting points; do not assume an informal document either succeeds or fails without examining the facts.

Questions about the applicant

An executor may have died, lost capacity or wish to renounce. The order of entitlement, possible consents and evidence depend on the proposed grant. An executor considering renunciation should seek advice before acting in the office beyond reasonable protective steps; intermeddling may affect the ability to renounce. Disagreement between co-executors should be addressed before an application presents them as able to act together.

Caveats and assets elsewhere

A caveat can prevent a grant being made while the relevant concern is resolved. A will challenge or foreshadowed family provision claim can affect administration even after a grant. If a grant already exists outside Victoria, ask whether it can be resealed here; interstate or overseas assets may need separate procedures in their jurisdictions. Do not assume a Victorian grant alone authorises every dealing abroad.

Protective work need not wait: locate the will, arrange for a death certificate, secure and insure vacant property, notify appropriate institutions and identify assets and liabilities. Keep a record of expenses and avoid treating estate funds as personal funds. Some steps may be possible without formal Court authority, while collection, sale or transfer of particular assets commonly requires the grant.

Once the grant issues, present it where needed, collect assets, resolve debts and tax, deal with land, maintain estate accounts and distribute under the will when it is safe and lawful to do so. Superannuation may be paid outside the estate. The estate administration guide follows this work from preservation to final accounts; a grant is a beginning of formal authority, not the end of the task.

You may make an application yourself. If you are unsure whether a grant is required, which person should apply, what a will means or how to answer a requisition, legal advice can be limited to that issue or cover a defined part of the application and administration. No legal outcome or timeframe can be promised without reviewing the documents.

Use the enquiry page to outline the will, assets and the decision you need to make. Do not send original documents through the initial form; say what you have and what is missing.