Resealing probate in Victoria

A grant of representation is made by a court in a particular jurisdiction, and its authority is generally limited to that jurisdiction. The Court's unusual applications guidance explains that a reseal is often necessary when a person dies leaving assets in more than one jurisdiction, because a grant made by a court outside Victoria does not carry the authority to deal with assets within Victoria.

A typical example is a person who lived and died in New South Wales, whose executor obtained probate there, but who also owned land or held accounts in Victoria. Rather than applying for a completely separate Victorian grant, the executor may apply to have the New South Wales grant resealed.

Whether any grant is needed for the Victorian assets is a separate question. Some institutions release smaller holdings without a grant. See when probate is required.

Resealing is governed by Part III of the Administration and Probate Act 1958 (Vic). The Court's guidance states that Part III permits the resealing of grants made in Australian states and territories and in specified overseas jurisdictions.

The list published by the Court, as at 27 September 2026, is:

Grants from jurisdictions that are not specified, such as many European, Asian and American jurisdictions, cannot be resealed in Victoria. In those cases, the usual course is an application for an original Victorian grant.

A reseal is sought by an application supported by affidavit and filed with the Probate Office through RedCrest-Probate. In broad terms the application involves:

1. 1Confirm eligibilityConfirm the grant was made in a specified jurisdiction by a court of competent jurisdiction, and that there are Victorian assets requiring a grant.
2. 2Obtain the grant documentsObtain the grant in the form the Court's current guidance requires, such as a sealed or certified copy or an exemplification from the issuing court, with a copy of the will if there is one.
3. 3Identify the applicantUsually the person named in the grant applies, or someone authorised by them, such as an attorney.
4. 4Prepare the affidavitPrepare the affidavit in support, including details of the Victorian assets and liabilities.
5. 5Notice and filingComplete the notice and filing steps required by RedCrest-Probate and the current Rules.

The Court's guidance also addresses the situation where the person named in the grant is not the one applying. Evidence by affidavit is required outlining why the grantee is not applying, for example because they have died or have appointed an attorney, and, if the applicant is not named in the grant, establishing why the applicant has standing.

The precise form of the grant document, and whether an original, sealed or exemplified copy is needed, should be confirmed against the Court's current requirements at the time of filing.

Once resealed, the grant is as effective in Victoria as if it had originally been made in Victoria. The personal representative can then deal with Victorian assets, such as transferring land through Land Use Victoria or closing Victorian accounts, in the same way as a Victorian grantee.

The personal representative's duties in relation to the Victorian assets, including paying Victorian debts and accounting for the Victorian administration, continue to apply. The practical steps are discussed in estate administration.

Where the will was made or the deceased was domiciled overseas, additional issues may arise, including proving the will's validity under foreign law. These are discussed in deceased estates with overseas assets.

The reverse situation is also common: a Victorian grant is obtained, but the deceased also held assets interstate or overseas. Whether the Victorian grant can be resealed in the other jurisdiction depends on that jurisdiction's law. Advice from a lawyer in that jurisdiction is often needed.

As at 27 September 2026, the Court's complex applications page renders one Canadian province as "British Colombia". This guide shows it as British Columbia, the name of that province, without changing the scope of the Court's list. The list is reproduced here as the Court publishes it; whether a particular grant can be resealed depends on Part III of the Act and any instrument made under it, not on this summary.

The Court's guidance, as at 27 September 2026, states that in all cases one of the following must be filed with the Probate Office for resealing:

• the original grant of representation;
• an exemplification of the grant; or
• a court-sealed and certified copy of the grant.

An application may be made by the people who originally obtained the grant or by a person duly authorised by power of attorney. Where an attorney applies, the original or a certified copy of the power of attorney must be exhibited to the affidavit in support and filed on RedCrest-Probate. Where a person named in the grant is not applying, affidavit evidence explaining why is required. The Court notes it is common practice in Victoria for the plaintiff's legal practitioner to swear or affirm the supporting affidavit, which can be generated in RedCrest-Probate.

For administration reseals, the Court states that if the plaintiff resides outside Victoria, a surety guarantee supported by an affidavit of justification may also be required.

Where the original grant was made in a place not on the list, a reseal is not available and a fresh Victorian grant is required. A fresh grant may also be considered where the foreign grant is limited in a way that does not suit the Victorian assets, where the documents available cannot meet the reseal requirements, or where there is a question about the will that needs to be addressed in Victoria. The choice should be made with advice once the foreign grant and the Victorian assets are known.

• Assuming any foreign grant can be resealed in Victoria.
• Assuming a grant from another state automatically works in Victoria without resealing.
• Filing an incorrect form of grant document.
• Not explaining why the person named in the grant is not applying.
• Overlooking Victorian assets until after the foreign administration is complete.
• Relying on an outdated list of jurisdictions without checking the current position.

We can confirm whether a grant can be resealed in Victoria, identify the documents required, prepare the affidavit and application, and assist with the Victorian assets once the reseal is made. Where resealing is unavailable, we can explain the alternative Victorian application.

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