How Long Does Probate Take in Victoria?

“How long does probate take?” is one of the most common questions executors and beneficiaries ask after a death in Victoria. The honest answer is that there is no single guaranteed timeframe. Probate is a sequence of separate stages — some driven by the executor, some by the Supreme Court of Victoria, and some by third parties such as banks, share registries and Land Use Victoria — and each stage can move at a different pace.

This guide separates those stages so executors and families know what actually takes time, and why. It is written for readers in Victoria. For a plain-English introduction to the concept of probate itself, see our companion article, What is probate and when is it required in Victoria?. For advice on a specific estate, see our Probate & Deceased Estates practice-area page.

The five stages that make up “how long probate takes”

When people ask how long probate takes, they usually mean one (or all) of the following stages. Each is dealt with in turn below:

1. preparing the application for a grant;
2. the Supreme Court of Victoria’s processing time after filing;
3. requisitions raised by the Probate Office;
4. collecting and administering the estate after the grant issues; and
5. final distribution, taking account of the executor’s year and Part IV claims.

1. Preparing the application

Before anything is filed with the Supreme Court, the executor must gather the material needed to prepare an accurate affidavit. Typically this includes:

• the original will and any codicils;
• the death certificate issued by Births, Deaths and Marriages Victoria;
• date-of-death balances and valuations for each asset and liability;
• evidence of the executor’s identity; and
• details of beneficiaries.

Two things typically dictate how long this stage takes. First, the death certificate — Births, Deaths and Marriages Victoria issues it after the death is registered by the funeral director, and it often arrives a number of weeks after the funeral. Second, obtaining date-of-death balances from banks, superannuation funds and share registries can take further weeks, particularly where accounts are held at multiple institutions.

A straightforward estate can often be ready to file within a few weeks of receiving the death certificate. More complex estates — for example, with overseas assets, missing documents, an informal will, a business interest, or a will that has been altered — can take substantially longer to prepare.

2. The Supreme Court of Victoria’s processing time

Applications for probate in Victoria are made to the Probate Office of the Supreme Court of Victoria under the Administration and Probate Act 1958 (Vic) and the Supreme Court (Administration and Probate) Rules 2023. The executor must publish a notice of intended application through RedCrest-Probate at least 15 days before filing the application.

Actual processing times at the Probate Office are set by the Court and change from time to time depending on workload. The Court does not guarantee a fixed turnaround, and published indicative timeframes have varied significantly in recent years. Rather than quote a number that may quickly be out of date, we suggest checking the Supreme Court of Victoria’s current guidance before making promises to beneficiaries. In practice, straightforward applications with no requisitions have often been dealt with within a matter of weeks of filing, but longer waits are not unusual.

3. Requisitions

If the Probate Office queries any aspect of an application, it issues a written “requisition” that must be answered before the grant will issue. Requisitions typically pause the clock — the file is not ready to be sealed until the query is resolved.

Common causes of requisitions include:

• marks, staple holes, alterations or attachments on the original will;
• a missing original will where only a copy can be produced;
• inconsistencies between names or dates on the will and the death certificate;
• questions about the identity or capacity of a witness; and
• gaps or arithmetic errors in the inventory of assets and liabilities.

Some requisitions can be answered in days by supplying a further affidavit. Others — for example, where the original will cannot be located — can add many months.

4. Collecting and administering the estate

Obtaining the grant is a milestone, not the finish line. After the grant issues, the executor must:

• provide each asset holder with the grant details and any further documents it requires to release or transfer the asset;
• pay debts, funeral and administration expenses;
• lodge the deceased’s final personal tax return and, if required, estate tax returns;
• keep proper records and accounts; and
• account to beneficiaries.

Each of these steps has its own timing. Banks and share registries commonly release funds within days to a few weeks once they have verified the grant. Transferring real estate through Land Use Victoria and then arranging a sale or transmission to a beneficiary takes longer. Preparing, lodging and finalising any required tax returns and liabilities takes further time, which varies with the estate’s affairs and Australian Taxation Office processing. A business or farming interest, litigation involving the deceased, or overseas assets can extend this stage considerably.

5. Distribution, the executor’s year and Part IV claims

Beneficiaries often expect distribution soon after the grant, but two overlapping considerations usually delay it in Victoria:

The executor’s year. There is a long-standing rule of practice in Victoria that an executor is not generally required to distribute an estate before the expiration of one year from the date of death (the “executor’s year”). Beneficiaries are not normally entitled to interest on pecuniary legacies until after that period. The executor may distribute earlier where it is prudent to do so, but is not obliged to.

Part IV family provision claims. Under section 99 of the Administration and Probate Act 1958 (Vic), an application for family provision under Part IV must generally be made within six months after the grant of probate or letters of administration. In practice, executors commonly defer final distribution until that six-month period has expired. Distributing earlier is possible in some estates but exposes the executor to personal risk if a claim is later made; a beneficiary’s indemnity does not automatically answer that exposure. Estate-specific legal advice should be obtained before making any early distribution. For more, see our guide to Part IV claims in Victoria.

Interim distributions of part of the estate are sometimes made earlier where liquidity, tax position and the risk of a Part IV claim allow. This is a matter for legal advice on the specific estate.

A realistic overall picture

Putting the stages together, it is common in Victoria for:

• preparation of a straightforward application to take several weeks after the death certificate arrives;
• the mandatory 15-day advertising period on RedCrest-Probate, followed by the Supreme Court’s current processing time, to add further weeks or more;
• collection and administration of assets, tax matters and any real property transfers to take a further number of months; and
• the timing of final distribution to depend on both the executor’s year (measured from the date of death) and the six-month Part IV limitation period (measured from the grant). These run from different dates and are distinct considerations; the actual timing depends on the estate.

More complex estates — contested wills, missing originals, blended families, business interests, overseas assets or foreshadowed Part IV claims — routinely take longer. Where a Part IV claim is actually commenced, distribution is usually deferred until that claim is resolved.

Practical steps that help

• Locate the original will and store it safely as soon as possible after the death.
• Ask the funeral director when Births, Deaths and Marriages Victoria expects to issue the death certificate.
• Notify banks, super funds and share registries of the death promptly and request date-of-death balances in writing.
• Keep receipts and records of every estate payment from the outset.
• Communicate realistic expectations with beneficiaries — including that the executor’s year and the Part IV period may defer final distribution.
• Obtain legal advice early where the will is old, altered or informal, or where family arrangements are complex.

Getting help

Holt & Macdonald’s Ringwood office regularly assists executors and beneficiaries with probate applications and deceased estate administration across Melbourne’s eastern suburbs. Our Executor Checklist for Victoria sets out the practical steps in more detail, and our Probate & Deceased Estates page describes how we can help.