Grant of Probate Victoria

What probate is

A grant of probate is a Supreme Court order that formally recognises the validity of a will and the authority of the executor to deal with the deceased's assets. Without a grant, banks, share registries, superannuation funds, and Land Use Victoria will generally refuse to release or transfer assets above prescribed thresholds.

When probate is needed

Probate is generally required when the deceased held assets in their sole name above each institution's threshold:

• Real estate held solely in the deceased's name in Victoria
• Bank accounts above the institution's small-estate threshold (typically $20,000–$50,000)
• Share holdings above the share registry's threshold
• Superannuation death benefits payable to the estate (rather than direct to a nominated beneficiary)

Probate is generally not needed if all assets were jointly owned (they pass by survivorship), held in trust structures, or the estate is small and consists only of personal effects.

The Victorian probate process

1. Locate the original will and any later codicils. The original is always required; copies are not sufficient without separate court orders.
2. Prepare the death certificate evidence and a complete schedule of the deceased's assets and liabilities at the date of death.
3. Lodge a notice of intention to apply for probate on the Supreme Court of Victoria probate registry website. A 14-day notice period applies before the application can be filed.
4. File the application for probate with the will, affidavit of executor, inventory of assets and liabilities, and prescribed court fees.
5. Receive the grant from the Supreme Court — typically 2-6 weeks from filing, depending on registry workload and any requisitions raised.
6. Administer the estate: collect assets, pay debts, lodge final tax returns, account to beneficiaries, and distribute the residue.

Cross-border estates

Where the deceased held assets in both NSW and Victoria (common for Albury Wodonga families), separate grants are usually required — a Victorian grant for the Victorian assets and an NSW grant for the NSW assets. The NSW grant can sometimes be obtained through a reseal of the Victorian grant rather than a fresh application. We coordinate both jurisdictions in a single matter.

Contested probate

Probate applications can be contested by lodging a caveat in the Supreme Court of Victoria probate registry. Caveats are commonly filed on grounds of testamentary capacity, undue influence, or the existence of a later will. We act for executors defending applications and for beneficiaries challenging them.

Executor duties

Being an executor is a serious role with personal liability for breach of duty. Executors must act in the best interests of beneficiaries, keep proper accounts, pay debts before distributing residue, and maintain neutrality. We act for executors throughout the process and, where appropriate, can apply for the executor's commission for the work undertaken.

Next step

For a confidential conversation about applying for probate of a Victorian will or administering an estate from Albury Wodonga, see our broader wills & estate planning services, meet our team, or contact us directly.