PROBATE VICTORIA
Committed to providing efficient and affordable service in applying for Probate and Letters of Administration
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WHAT IS PROBATE?
Probate is the authorisation granted to an executor of a Will by the Supreme Court allowing such executor to access and manage the deceased person’s estate. The Supreme Court will assess the documents provided by the applicant and if satisfied, issue a grant of probate.
SOME COMMON QUESTIONS ANSWERED
How do I apply for probate in Victoria?
The application for probate is done to the Supreme Court of Victoria. Before you lodge your application, you need to advertise your intention to apply. Once you advertise your intention to apply for probate, you will then need to wait for the prescribed period before you can lodge your application for probate with the court.
Who needs to apply for probate?
Generally, the executor named in the Will would be the one to apply for probate. If the executor named in the Will is unable or unwilling to act, then the substitute executor can apply for probate. Where there is no executor named, then a family member can apply.
Documents required
Some of the documents that you will need to submit with your probate application include the following:
- Death certificate
- Affidavit of executor
- Will
- Statement of assets and liabilities
Each case is different and additional documents may be required depending on the circumstances of the matter.
When do I need to apply for probate?
Generally, the executor would apply for probate once they have received the death certificate. There is no prescribed period in which the executor will need to apply for probate in Victoria, however, it is advisable to do so as soon as possible following the death as there may be tax and legal consequences if the application is delayed.
What is Letters of Administration
If the deceased person did not leave a will, then the next of kin will need to apply for Letters of Administration before they can access, manage and distribute the assets left by the deceased. Letters of Administration is the authorisation granted to the next of kin of a deceased person by the Supreme Court allowing such next of kin to manage the deceased person’s estate.
Who needs to apply for Letters of Administration?
Australian law provides a list of family members who are eligible to apply for Letters of Administration once someone passes away. Usually, it is the next of kin who is entitled. A list of people who qualify to be next of kin include the following:
- A spouse/ domestic partner
- A child
- A parent
- A sibling
- A niece or nephew.
How do I apply for Letters of Administration in Victoria?
The application for Letters of Administration is done to the Supreme Court of Victoria. Before you lodge your application, you need to advertise your intention to advertise. Once you advertise your intention to apply for Letters of Administration, you will then need to wait for the prescribed period before you can lodge your application for Letters of Administration with the court.
Documents Required
You will need to submit the following documents with your application:
- Death certificate
- Affidavit of administrator, and
- Statement of assets and liabilities.
PROBATE VICTORIA | COURT APPLICATION FEES
When you apply for probate, you are required to pay court fees for the court to assess your application. The amount payable to the Court to file a probate application depends on the value of the estate. Below are the court filing fees payable in probate matters in Victoria:
- Estate is less than $500,000 – $66.80
- Estate is $500,000 or more but less than $1,000,000 – $357.80
- Estate is $1,000,000 or more but less than $2,000,000 – $667.80
- Estate is $2,000,000 or more but less than $3,000,000 – $1,462.80
- Estate is $3,000,000 or more – $2,257.80
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