Understanding Probate in Victoria: A Simple & Practical Guide

What is probate?

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.

Is obtaining probate of a will always necessary?

Probate is not always required. Some asset holders will allow the executor to deal with one or more assets without a grant of probate, particularly if the value of the assets are low. In this situation, the asset holder will usually request certified copies of the death certificate and will as proof of the executor's authority to deal with the assets.

Where the asset is considered to be of high value, the asset holder will usually require a grant of probate. If you are unsure if the asset holder requires probate, it may be best to enquire with them directly about their deceased estate transfer policy. Examples of asset holders include banks, the land title office, and share registries.

Probate is also not required in circumstances where all of the assets owned by the deceased were owned jointly with another co-owner. This is because when a deceased co-owner of a jointly owned asset passes away, ownership of the deceased’s share of the asset passes to the surviving owner under the law of the right of survivorship. Examples of jointly owned assets can include money in joint bank accounts and jointly owned homes.

Who may apply for probate in Victoria?

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.

How long does it take to apply for probate in Victoria?

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.

What documents are needed to apply for probate in Victoria?

• Original Will (and any Codicils);

• Certified copy of the Death Certificate;

• Affidavit of Executor;

• Originating Motion for a Grant of Probate;

• Affidavit of Publication of Notice and Searches;

• Inventory of Assets and Liabilities; and

• Order of the Registrar.

Note: Asher Law articles are intended to be a general guide only and do not constitute legal advice. For personalised legal advice, please consult with a legal practitioner.