Probate in Victoria

What Happens When Someone Dies?
If the person left a valid will, the executor they’ve named is responsible for carrying out their wishes. If there’s no will, the closest next of kin usually steps in as the administrator. Their job is to: collect all the assets (like bank accounts, property, super, etc.), pay any outstanding debts, and distribute what’s left to the right people. In some cases, you can handle all of this informally. But often, you’ll need legal permission from the court – that’s where probate comes in.

What is a Grant of Representation?
A grant of representation is a legal document from the Supreme Court of Victoria that gives someone the authority to manage the deceased’s estate. There are three types: Probate (given to the executor named in the will), Letters of Administration with the Will Annexed (when the executor can’t or won’t apply), and Letters of Administration (when there’s no valid will, usually granted to the next of kin).

Do You Always Need Probate?
Not always. It depends on: the size and type of the assets, whether the deceased owned real estate, if the assets were jointly owned, what the banks or institutions require, and the rules of the superannuation fund.

Step-by-Step Guide to the Probate Process

1. Locate Key Documents
Before you do anything, make sure you have: the original will, the death certificate, and any other relevant documents.

2. Lodge a Probate Notice Online
You’ll need to publish a Notice of Intended Application on the Supreme Court of Victoria’s website. Fee: $26.10 (as of July 2024). Must be published at least 14 days before applying.

3. Identify Assets and Debts
Create a list of assets and liabilities including property, bank accounts, superannuation, shares, insurance policies, and debts.

4. Complete and Sign the Probate Forms
Prepare and sign the Affidavit of Executor, Inventory of Assets and Liabilities, and Certificates of Exhibits. These must be witnessed by an authorised person.

5. Pay the Filing Fee
The filing fee depends on the estate’s value. For example, estates under $500,000 pay $68.60 (as of July 2024).

6. Lodge the Application
Upload signed documents to RedCrest and mail the original will and other forms to the court. 

7. Wait for the Grant
The court usually takes 2-4 weeks to process the application. They may request more information if needed.

8. Receive the Grant of Probate
If approved, you’ll receive an official PDF Grant of Probate with a matter number and unique identifier.

What Happens After Probate is Granted?

Open an Estate Bank Account
Use the Grant of Probate to open a new account for estate funds. This keeps everything organised.

Pay Debts and Liabilities
Use the estate account to pay all funeral expenses, debts, and taxes before distributing the estate.

Estate Tax
An estate tax return may be required. An accountant can help with this.

Distribute the Estate
Wait at least 6 months after the grant before distributing assets. This allows time for any legal claims.

Ending the Executor’s Role
Once everything is finalised and distributed, your role as executor ends. Keep all records just in case.

FAQs About Probate in Victoria

What is probate in simple terms? Probate is a legal document that gives someone the right to manage a deceased person’s estate.

Do I always need to apply for probate? Not always. It depends on the value and type of assets.

How long does probate take in Victoria? 2-4 weeks if everything is in order.
How much does probate cost in Victoria? Starts at $68.60 for estates under $500,000 (as of July 2024).

Can I apply for probate myself? Yes, especially for simple estates. Consider legal help for complex cases.