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 and the Registrar of Titles commonly rely on that grant when they release money or transfer property out of the deceased’s name. Superannuation is different: a death benefit is dealt with under the fund’s trust deed and trustee rules, is not automatically an estate asset, and a trustee may not require probate before paying it.
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 2023.
“Grant of representation” — the umbrella expression
“Grant of representation” is the umbrella expression for a grant by which the Court authorises someone to administer a deceased estate. Probate and letters of administration are both grants of representation, and they differ in what the Court is recognising:
- Probate is granted where there is a valid will and an executor named in it who is able and willing to act. The Court proves the will and confirms the executor’s authority.
- Letters of administration are granted where probate is not available — either because there is no valid will (on intestacy), or because there is a will but no executor able and willing to act, in which case the grant may be made with the will annexed and the estate is still distributed under the will.
The Act and the Rules also provide for other, less common forms of grant for particular circumstances. Our guide to letters of administration in Victoria deals with those.
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);
- bank balances, where the bank requires a grant before releasing the funds;
- shares or managed investments held directly;
- funds held by a share registry, custodian or aged-care operator;
- a superannuation death benefit that the fund’s trustee pays to the estate rather than directly to a dependant.
Requirements and any thresholds differ between banks, registries, funds and other asset holders, and there is no single figure that applies across the board — each must be checked directly. Where any asset holder requires sight of a grant before releasing funds, the executor will need to apply for one, and it is common for a single asset to trigger the requirement even if the rest could have been released informally. Which assets belong to the estate in the first place is a separate question, addressed in what forms part of a deceased estate in Victoria.
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);
- a superannuation death benefit is paid by the trustee, or an insurance benefit by the insurer, directly to a dependant or nominated beneficiary rather than to the estate;
- the only assets are bank balances that the institution is prepared to release on an indemnity;
- 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. For a fuller treatment, see Executor duties and personal liability in Victoria.
The Supreme Court of Victoria process
An application for a grant of probate broadly involves:
- Advertising the intention to apply. The executor publishes a notice of intended application through RedCrest-Probate at least 14 days before filing the application.
- 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 ask for further information or evidence before it will allow the application to proceed (see below).
- Grant. Once satisfied, the Court seals and issues the grant.
Accessing and verifying an electronic grant
Grants in Victoria are issued electronically through the Court’s RedCrest-Probate system. In practice that means an executor or administrator does not hand a bank a paper parchment: to allow an asset holder to view the grant, the Court’s guidance explains that you provide the application number and the unique identifier, both of which appear on the grant itself. Asset holders can use those details to satisfy themselves that the grant is genuine and current, which is why the grant document should be kept safely and the identifiers disclosed only to institutions that legitimately require them.
Why the Probate Office may issue a requisition
A requisition is a request from the Probate Office for further information, evidence or correction before a grant can issue. Receiving one is common and is not a finding that anything is wrong. The examples below are illustrative only, not an exhaustive list, and what is required in any case depends on the Rules and the Court’s current guidance:
- irregularities in how the will appears to have been executed or witnessed, or an attestation clause that does not match the document;
- alterations, interlineations, obliterations or apparent removal of a page or staple that need to be explained;
- the original will cannot be produced, so evidence about the copy and the circumstances is needed;
- evidence about capacity, or knowledge and approval of the will’s contents, where the material genuinely raises the question;
- errors or gaps in the inventory of assets and liabilities, or inconsistencies between the affidavit, the advertisement and the supporting documents.
Most requisitions are answered by a further affidavit or an amended document. Careful preparation at the outset — accurate identification of assets and liabilities, and a candid explanation of anything unusual about the will — is the most effective way to reduce the risk of one.
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 RedCrest-Probate notice 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. For a fuller treatment of both forms of administration, see our guide to letters of administration in Victoria.
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 99 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.
