When a person dies leaving assets in their sole name in Victoria, the executor named in their will often needs to obtain a formal court order before those assets can be dealt with. That order is called a grant of probate. It is issued by the Supreme Court of Victoria and confirms that the will is the last valid will of the deceased and that the executor named in it has authority to administer the estate.
Probate is not always required. Whether you need it depends on what the deceased owned, how it was held, and who is asking for proof of authority. This guide explains the concept in plain terms, when a grant is likely to be needed, and what the process typically involves. For advice on a specific estate, see our Probate & Deceased Estates practice-area page.
What probate actually means
“Probate” is shorthand for the Supreme Court’s formal recognition of a will. Once granted, the executor holds a sealed document confirming their authority to collect the deceased’s assets, pay debts, and distribute what remains in accordance with the will. Banks, share registries, superannuation funds and the Registrar of Titles rely on that grant when they release money or transfer property out of the deceased’s name.
In Victoria, probate is administered by the Probate Office of the Supreme Court. The governing legislation is the Administration and Probate Act 1958 (Vic), supported by the Supreme Court (Administration and Probate) Rules 2014.
When is a grant of probate required?
A grant is generally required where the deceased held, in their sole name:
- real estate in Victoria (a house, unit or land);
- substantial bank balances (thresholds vary by institution, commonly $20,000–$50,000);
- shares or managed investments held directly;
- funds held by a share registry, custodian or aged-care operator;
- superannuation death benefits paid to the estate rather than to a nominated beneficiary.
Where any asset holder requires sight of a grant before releasing funds, the executor will need to apply for one. It is common for one asset to trigger the requirement even if others would have been released informally.
When probate may not be required
Probate is often unnecessary where:
- all significant assets were held as joint tenants (they pass to the surviving owner by survivorship, outside the will);
- superannuation and life insurance are paid directly to a valid nominated beneficiary;
- the only assets are small bank balances below an institution’s indemnity threshold;
- the estate consists only of personal effects and modest chattels.
Even so, executors sometimes seek a grant to protect themselves against later disputes, particularly where the family situation is complex.
The executor’s role
The executor is the person named in the will as responsible for administering the estate. Their duties include:
- locating and preserving the original will;
- arranging or paying for the funeral;
- identifying and safeguarding the deceased’s assets and liabilities;
- applying for probate if required;
- collecting estate assets, paying debts and taxes;
- keeping full records and accounts;
- distributing the estate in accordance with the will.
Executors owe fiduciary duties to the beneficiaries. Mistakes — for example, distributing too early, missing a creditor, or overlooking a potential Part IV claim — can attract personal liability. Executors are generally entitled to reimburse themselves for reasonable estate expenses from the estate’s assets.
The Supreme Court of Victoria process
An application for a grant of probate broadly involves:
- Advertising the intention to apply. The executor lodges a probate advertisement on the Supreme Court’s online notices system. A 14-day waiting period follows.
- Preparing the application. The core documents are the originating motion, the affidavit of the executor, an inventory of assets and liabilities, and the original will (plus any codicils).
- Filing. Documents are lodged with the Probate Office. Filing fees apply and scale by the value of the estate.
- Requisitions. The Probate Office may raise queries — for example, if the will has been altered, damaged, or an original cannot be located. These must be answered before the grant issues.
- Grant. Once satisfied, the Court seals and issues the grant of probate.
Typical documents you will need
- the original will and any codicils;
- the death certificate issued by Births, Deaths and Marriages Victoria;
- details of assets and liabilities (bank statements, rate notices, share holdings);
- evidence of the executor’s identity;
- information about beneficiaries.
Indicative timing
Where the will is straightforward and the Court raises no requisitions, a grant of probate in Victoria is often issued within a few weeks of filing, following the mandatory 14-day advertisement period. Complex or contested applications take longer — sometimes many months. Executors should avoid promising beneficiaries specific timeframes.
Probate compared with letters of administration
If a person dies without a valid will, the Court can instead grant letters of administration on intestacy to an eligible person — usually a spouse, domestic partner or next of kin. The estate is then distributed according to the intestacy rules in Part IA of the Administration and Probate Act 1958 (Vic), not the wishes of the deceased.
Where there is a will but the named executor cannot or will not act, the Court may grant letters of administration with the will annexed to another appropriate applicant.
What happens after the grant
Once the grant issues, the executor typically:
- presents the grant to banks, share registries and Land Use Victoria to release assets;
- pays debts, funeral and administration expenses and any income tax;
- lodges the deceased’s final tax return and, if required, estate returns;
- observes any statutory waiting periods before distributing (see below);
- distributes the estate to the beneficiaries and obtains signed receipts.
Under section 99A of the Administration and Probate Act 1958 (Vic), Part IV (family provision) claims must generally be brought within six months of the grant. Prudent executors wait until that period has passed before making final distributions, unless indemnities and legal advice are in place. For more on family provision claims, see our guide to Part IV claims in Victoria.
When to obtain legal advice
Legal advice is often useful where:
- the estate holds real property, a business, or significant investments;
- the will is old, has been altered, damaged, or the original cannot be found;
- a beneficiary is a minor or otherwise under a disability;
- there is a blended family or an estranged eligible person;
- a Part IV claim is threatened or foreshadowed;
- the executor is unsure of their duties or wishes to be indemnified.
Holt & Macdonald’s Ringwood office regularly assists executors and beneficiaries with probate applications, deceased estate administration and related disputes across Melbourne’s eastern suburbs. Our Executor Checklist for Victoria sets out the practical steps in more detail.
