Apply for Probate or Letters of Administration from the comfort of your home.

A grant of probate is a stamped and sealed certificate from the Supreme Court of Victoria which certifies and proves that a will is valid, the will maker has passed away, and the executor(s) named in the grant have authority to deal with the deceased will maker’s assets.

In order to be entitled to apply for a grant of probate, you must be an executor named in the will and over the age of 18 years.

The main differences are:

• A grant of probate may be applied for where the deceased left a will and the executor appointed under the will is willing and able to administer the estate;
  

• A grant of letters of administration may be applied for where the deceased did not leave a will or where the deceased left a will that the Court has ruled is invalid; and
  

• A grant of letters of administration with the will annexed may be applied for where the executor appointed under the will is unwilling or unable to administer the estate. In addition, it may be applied for where the deceased left an informal will. An informal will is a will that does not satisfy the formal requirements of the law.

Once an application is filed with the Supreme Court of Victoria, it generally takes up to four weeks to receive the grant where the application is standard, complete and uncontentious.

In some instances, it may take longer if the Court is busier than usual or the Court has issued a requisition. A requisition is a letter from the Court requesting additional information or documentation.

In this instance, an eligible person may apply to the Court for a grant of letters of administration. An eligible person will most often be the next of kin who is a major beneficiary of the estate under the rules of intestacy. These are rules under legislation that set out how an estate is divided in circumstances where the deceased did not leave a will.

A Victorian Death Certificate can be obtained by applying online at the following link: https://www.bdm.vic.gov.au/deaths/get-a-death-certificate

A reseal is where the Court re-stamps a grant made by a Court in another jurisdiction, for example, a grant made in another state or territory of Australia or overseas. The purpose of a reseal is to confirm that the grant may be used to deal with assets in Victoria.

A reseal of your grant made in another jurisdiction is generally only necessary where the deceased owned one or more assets in Victoria at the date of their death. However, it is important to note that not all types of assets held in Victoria require a reseal and therefore it is best to check if a reseal is needed before applying. For example, many banks and share registries usually do not require a reseal, whereas a reseal may be needed when dealing with real estate. Feel free to call us for some guidance.