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Victoria

Probate and deceased estate administration in Victoria

How to advertise, apply for and use a grant of probate, letters of administration or a reseal through the Supreme Court of Victoria Probate Office, and how to administer a Victorian deceased estate.

Checked against official sources on 8 Nov 2026. General information, not legal advice. No lawyer or solicitor has reviewed this page.

Overview

In Victoria, the Supreme Court's Probate Office makes grants of representation. A grant of probate is made to the executor named in a valid will, letters of administration with the will annexed where there is a valid will but the executor cannot or will not apply, and letters of administration where the person died without a valid will. A grant made in another Australian state or territory, or in one of the overseas places the law lists, such as New Zealand and the United Kingdom, can be resealed so that it can be used for Victorian assets.

The governing statute is the Administration and Probate Act 1958 (Vic). It sets out the Court's jurisdiction, the duties and protections of personal representatives, the rules on paying executors, the intestacy rules in Part IA, and the family provision regime in Part IV. The Wills Act 1997 (Vic) governs the making and interpretation of wills, and the Trustee Act 1958 (Vic) supplies many of the powers an executor relies on while administering the estate.

Applications are made online through the Court's RedCrest-Probate portal. You search the advertisement index, publish the advertisement of intention to apply, file the application and pay any fee there, and then post the original will to the Probate Office if there is one. You do not need a lawyer: the Supreme Court says many people apply on their own, and the Probate Office publishes a step-by-step guide. For small, simple estates it also runs an optional paid service where staff prepare the paperwork for you. This page is general information, not legal advice.

Who this is for

  • You are an executor and a Victorian bank or Land Services Victoria wants a grant before releasing or transferring assets
  • A family member died without a will and you need letters of administration in Victoria
  • The executor named in the will has died, renounced or lacks capacity
  • You need to sell or transfer a Victorian property held in the deceased's sole name
  • You are trying to work out whether you need to advertise on RedCrest-Probate and how long you must wait
  • A grant was made overseas or interstate and you need it resealed for Victorian assets
  • You are an executor unsure whether it is safe to distribute yet
  • The estate is small and you want to know whether the Probate Office small estates service can help
LegislationShow
  • Administration and Probate Act 1958 (Vic) (VIC)

    The central Victorian Act. It gives the Supreme Court jurisdiction to make grants, lets a will be deposited with the Registrar of Probates for safekeeping (section 5A), sets out the powers and duties of executors and administrators and the rules on executors' commission and fees (sections 65 to 65E), contains the intestacy rules in Part IA including the partner's statutory legacy in section 70M, and contains the family provision regime in Part IV, including the six month time limit in section 99 and the distribution protection in section 99A.

  • Wills Act 1997 (Vic) (VIC)

    Governs how a will must be made, altered and revoked in Victoria, the Court's power to admit an informal document to probate (section 9), and who may see a will after death (section 50).

  • Trustee Act 1958 (Vic) (VIC)

    Supplies the powers of sale, investment, maintenance and advancement that a Victorian personal representative uses in practice, and the Court's power in section 67 to relieve a trustee who has acted honestly and reasonably and ought fairly to be excused.

  • Income Tax Assessment Act 1936 (Cth) (CTH)

    Contains the trust taxation provisions in Division 6 that apply to a deceased estate, including the treatment of income to which a beneficiary is presently entitled (section 97) and income taxed to the trustee (sections 99 and 99A).

  • Bankruptcy Act 1966 (Cth) (CTH)

    Part XI lets the insolvent estate of a deceased person be administered in bankruptcy, on a petition by a creditor or by the person administering the estate (section 247).

Courts and tribunalsShow
  • Supreme Court of Victoria - Wills and Probate

    The Probate Office of the Supreme Court makes all Victorian grants of probate, letters of administration and reseals, and publishes step-by-step guidance for people applying without a lawyer.

  • RedCrest-Probate

    The Court's online portal for publishing the advertisement of intention to apply, searching advertisements, filing applications, paying fees and viewing grants.

  • Supreme Court of Victoria Probate Office fees

    The current schedule of Probate Office fees, including the application fee (based on the gross value of the Victorian assets), the advertisement fee and the small estates service fee. The fees for 1 July 2026 to 30 June 2027 are published as a PDF on this page.

  • State Trustees Limited

    The Victorian public trustee, backed by the Victorian Government. It can be appointed executor, acts where someone dies without a will and no family member can help, and offers services such as help with deceased estate tax returns.

  • Land Services Victoria

    Registers the survivorship application (section 50 of the Transfer of Land Act 1958) or transmission application (section 49) by which title to Victorian land passes after a death, and the later transfer to a beneficiary or buyer. Since 28 November 2025, people without a lawyer or conveyancer can lodge only 7 types of land transaction themselves, and these two applications are among them.

ProcessShow

  1. 01Locate the will and get the death certificate

    Find the original will and any codicils. Check with the deceased's lawyer and bank, and search the Probate Office's deposited wills index, because a will can be lodged with the Registrar of Probates for safekeeping. The Probate Office needs the version called 'death certificate - cause of death'. The funeral director usually orders the death certificate for you; if not, order it from Births, Deaths and Marriages Victoria.

    Typical timeframe: Varies

  2. 02Work out whether you need a grant and which type

    Read the Court's guide on whether a grant is needed, then use its questionnaire to work out whether to apply for probate, letters of administration with the will annexed, or letters of administration. If a grant has already been made in another state or a listed overseas place, you may need a reseal instead.

    Typical timeframe: Before you advertise

  3. 03Identify and value the estate

    Get date of death balances from banks, funds and share registries, get a property valuation, and list every debt. RedCrest-Probate uses your answers to create the inventory of assets and liabilities that is filed with the application, so it must be accurate. The application fee depends on the gross value of the Victorian assets.

    Typical timeframe: Varies with the estate

  4. 04Publish the advertisement of intention to apply

    Publish the advertisement on RedCrest-Probate. The fee is $38 from 1 July 2026. You must allow at least 15 days after publication before you can file your application.

    Typical timeframe: At least 15 days before filing

  5. 05File the application on RedCrest-Probate

    Generate the affidavit and inventory in RedCrest-Probate and sign the affidavit in front of an authorised witness. Then upload the affidavit, the will and any codicils, the death certificate - cause of death and the inventory, and pay any fee. For probate, letters of administration with the will annexed or a reseal, post the original will and codicils (or the grant to be resealed), the certificate identifying exhibits and the printed originating motion to the Probate Office. You do not post the affidavit, death certificate or inventory.

    Typical timeframe: After the 15 days have passed

  6. 06Probate Office review and grant

    The Probate Office emails you when it receives the original will, and a staff member then reviews the application. If more information is needed, you get an email explaining what to file. When everything is in order, the grant is emailed to you and is available on RedCrest-Probate.

    Typical timeframe: Published as 5 to 10 working days; longer delays reported in 2026

  7. 07Administer, settle liabilities and distribute

    Collect the assets, deal with tax, pay debts and expenses, then distribute. Sections 99 and 99A of the Administration and Probate Act 1958 (Vic) decide when a final distribution is protected, and under section 49 you are not bound to distribute before one year from the death.

    Typical timeframe: Protection under s 99A(3) starts 6 months after the grant

Parties

  • Executor

    The person named in the will who applies for probate and administers the Victorian estate, personally accountable for the administration. To apply for probate, an executor must be over 18.

  • Administrator

    A person appointed by the Court where there is no will or no executor who can or will act. This is usually the closest next of kin, such as a spouse or child, or, where there is a will, the person with the greatest interest under it. An administrator must be over 18.

  • Beneficiary

    A person entitled under the will or under the Part IA intestacy rules. Under a will signed on or after 1 November 2017, an executor who wants to be paid must tell each interested beneficiary the basis and estimated amount (sections 65D and 106(2)).

  • Eligible person

    A person who may bring a Part IV family provision claim under section 90, such as a spouse or domestic partner, a child or stepchild, some former spouses or partners, a registered caring partner, a grandchild, or a member of the deceased's household.

  • Creditor

    A person or business owed money by the deceased at the date of death, who must be paid before beneficiaries.

  • Registrar of Probates

    The Registrar of Probates and Probate Office staff review applications filed on RedCrest-Probate, email the applicant if more information is needed, and make grants.

  • State Trustees Limited

    The Victorian public trustee, which can act as executor or administrator, including where someone dies without a will and no family member can help.

Time limits

These are general time limits described in prose. This page does not calculate a deadline for your matter.

  • Advertisement before filing

    An advertisement of intention to apply must be published on RedCrest-Probate and at least 15 days must pass before the application can be filed

    Source: Supreme Court of Victoria Probate Office FAQs; RedCrest-Probate advertisement search page

  • Applying for a grant

    There is no time limit to apply for a grant, but if more than three years have passed since the death you must explain the delay in your affidavit

    Source: Supreme Court of Victoria Probate Office FAQs

  • Family provision claim

    An application for a family provision order must be made within six months after the date of the grant of probate or letters of administration. The Court can extend time, but an application to extend must be made before the final distribution of the estate

    Source: s 99 Administration and Probate Act 1958 (Vic)

  • Protected distribution

    No action lies against a personal representative who properly distributes after six months from the grant without notice of a family provision application. A signed written notice of an intended claim lapses after three months unless an application is made in that time

    Source: s 99A(3) and (4) Administration and Probate Act 1958 (Vic)

  • Survivorship on intestacy

    A person must survive the intestate by at least 30 days to share in the estate on intestacy, unless this would mean the estate passes to the Crown

    Source: s 70C Administration and Probate Act 1958 (Vic)

  • Statutory legacy for a partner

    Where the intestate leaves a partner and a child or other descendant who is not the partner's, the partner takes the personal chattels, the statutory legacy with interest, and half of the balance. The legacy is $591,390 for deaths from 1 July 2026 to 30 June 2027 and is indexed each financial year

    Source: ss 70L and 70M Administration and Probate Act 1958 (Vic); Supreme Court of Victoria Probate Office FAQs

  • Executor's year

    A personal representative is not bound to distribute the estate before one year from the death

    Source: s 49 Administration and Probate Act 1958 (Vic)

  • Land tax notices

    If the deceased owned land in Victoria, the personal representative must lodge a commencement notice with the State Revenue Office within one month of the grant, and a completion notice within one month of completing the administration

    Source: State Revenue Office Victoria, Deceased estates and land tax

Costs and helpShow

There are three main costs in a Victorian probate matter. First, Probate Office fees. For 1 July 2026 to 30 June 2027 the advertisement fee is $38, and the application fee depends on the gross value of the deceased's Victorian assets: nil under $250,000, $544 from $250,000 to under $500,000, $1,088 from $500,000 to under $1 million, $2,538.70 from $1 million to under $2 million, rising in steps to $17,770.80 for $7 million or more. Fees generally increase each 1 July. A fee can be waived in some cases, such as a grant of legal aid, being under 18, or financial hardship. Second, legal fees if you use a lawyer, usually paid from the estate. Third, administration expenses such as valuations, title searches, insurance and accountancy. The Probate Office's optional small estates service costs $285 plus the $38 advertisement fee. An executor can be reimbursed for proper expenses. For a will signed on or after 1 November 2017, an executor can only be paid commission or fees if the will allows it and the will-maker gave written informed consent to that clause before signing (section 65B), each interested beneficiary gives informed consent (section 65C), or the Court allows it, up to 5 per cent (section 65). For a will signed before 1 November 2017, those consent rules do not apply (section 106(2)): a payment clause in the will can be relied on as written, and the Court can still allow commission under section 65.

Victoria Legal Aid

Victoria Legal Aid lists wills and estates as an area where it does not give legal help. It publishes free legal information about administering an estate and refers people to the Law Institute of Victoria referral service, State Trustees and the Probate Office.

Where to get help

Practical guidanceShow

How does the RedCrest-Probate advertisement work in Victoria?

Before you can file, you must publish an advertisement of your intention to apply on RedCrest-Probate, and you must allow at least 15 days after publication before the application can be filed. The fee is $38 from 1 July 2026. The advertisement is the start of the application and gives anyone with important information about it a chance to contact you. Anyone can search advertisements placed in the last three years by surname. Get the details exactly right, especially the deceased's full name and any other names they were known by, the date of death and the type of grant sought. You cannot change an advertisement once it is published. If you find a mistake, you must publish a new one, and a republished notice costs $51.80. Some unusual applications need extra information in the advertisement, and the Court has a short questionnaire to check whether yours does. Before advertising, search the existing advertisements yourself in case someone else has already advertised an intention to apply for the same estate.

When is it safe to distribute a Victorian estate?

The key date in Victoria is the grant, not the death. Under section 99 of the Administration and Probate Act 1958 (Vic), a family provision application must be made within six months after the date of the grant. The Court can extend that time, but only if the application to extend is made before the estate is finally distributed, and an extension does not undo distributions already made. Under section 99A(3), no action lies against a personal representative who properly distributes after six months from the grant without notice of a family provision application. If someone gives you a signed written notice that they intend to apply, the notice lapses after three months unless they make an application in that time. Section 99A also protects distributions properly made for the maintenance of a dependent partner or child, and distributions made after a person who could claim has said in writing that they consent or will not claim. In practice, many executors wait until at least six months after the grant before making a final distribution, check that no application or notice has arrived, and keep enough back for tax and known debts. Some make an interim distribution earlier if beneficiaries need money, but a distribution made within those six months falls outside the section 99A(3) protection unless section 99A(1) or (2) applies. Separately, section 49 means you are not bound to distribute before one year from the death.

What are the Victorian intestacy rules?

Part IA of the Administration and Probate Act 1958 (Vic) applies where there is no valid will, or the will does not deal with the whole estate. A person must survive the deceased by at least 30 days to share (section 70C). If there is one partner and no children or other descendants, or all of them are also the partner's, the partner takes the whole estate (sections 70J and 70K). If the deceased leaves a partner and a child or other descendant who is not the partner's, the partner takes the whole estate if it is worth no more than the statutory legacy. Otherwise the partner takes the personal chattels, the statutory legacy plus interest, and half of the balance, and the deceased's children share the other half (section 70L). The statutory legacy is $591,390 for deaths from 1 July 2026 to 30 June 2027. It is indexed each financial year, and the amount that applies depends on the date of death. If there is no partner, the estate goes to the children, with grandchildren taking a deceased child's share. Next come parents, then siblings (with a deceased sibling's children taking their share), then grandparents, then aunts and uncles (with a deceased aunt's or uncle's children taking their share). If no one is entitled, the estate passes to the Crown. Victoria has separate rules for more than one partner, and the Court's intestacy questionnaire can help you work out who is entitled.

Do you need a grant for a small Victorian estate?

Not always. The Court does not decide whether you need a grant; it depends on what the deceased owned in their sole name and what each asset holder requires. Assets owned as joint tenants pass to the surviving owner: for Victorian land the survivor lodges a survivorship application rather than getting a grant, and money in a joint bank account may be transferred to the survivor on a death certificate. Superannuation is normally paid by the fund trustee under the fund rules or a valid binding death benefit nomination, and is not an estate asset unless it is paid to the estate. If the deceased owned land in their sole name or as a tenant in common, a grant is always needed. For other assets, some banks and insurers release small amounts without a grant, sometimes on conditions. Contact each asset holder, tell them the value of the holding, and ask what they need. If a grant is needed and the estate is under the small estate limit ($137,210 for deaths from 1 July 2026 to 30 June 2027), the Probate Office's optional service can prepare the paperwork for $285 plus the $38 advertisement fee. Doing it yourself costs only the $38 advertisement fee, because there is no application fee for estates under $250,000.

How do you deal with Victorian real property in an estate?

Where land was held as joint tenants, the survivor lodges a survivorship application with Land Services Victoria. Where the land was held solely or as tenants in common, a grant is always needed before the land can be dealt with. With the grant, the executor or administrator can lodge a transmission application to be registered as the owner, and the land can be transferred to a beneficiary or sold. Since 28 November 2025, people without a lawyer or conveyancer can lodge only 7 types of land transaction themselves. They include a survivorship application, a transmission application, and a transfer where no money changes hands, which can include a transfer under a will. A sale, or any other transaction not on that list, needs a lawyer or conveyancer. If the deceased owned Victorian land, lodge a commencement notice with the State Revenue Office within one month of the grant, and a completion notice within one month of finishing the administration. Land that was the deceased's home can stay exempt from land tax until the third anniversary of the death or until it passes to a beneficiary, whichever is earlier, with some exceptions. Practical points that often catch executors out: keep the building insurance current and tell the insurer the house is empty; check whether vacant residential land tax applies; keep up council rates and owners corporation fees; and if a beneficiary is taking the property rather than the proceeds, get legal help on duty and on whether the will allows that.

What tax and superannuation issues arise for a Victorian executor?

Notify the Australian Taxation Office of the death. To be recognised as the authorised legal personal representative, with full access to the deceased's tax affairs, you need the grant of probate or letters of administration. Lodge any outstanding returns and the date of death return, which covers 1 July of the income year of death up to the date of death. Income the estate earns after the death goes in a trust tax return for the deceased estate. For the first three income years you can apply for a concessional rate, which is the same as the individual rates with the full tax-free threshold. Superannuation is usually not an estate asset: the fund trustee pays it under the fund rules and any valid binding nomination. If you are unhappy with the trustee's decision about a death benefit, you can complain to the fund or to the Australian Financial Complaints Authority, and specific time limits can apply. A death benefit paid to someone who is not a dependant for tax purposes, such as an adult child who was not financially dependent, must be paid as a lump sum and its taxable component is taxed, so get legal help before the benefit is paid rather than afterwards.

Checklist

  • Original will and any codicils
  • Death certificate - cause of death (the version the Probate Office requires)
  • Advertisement of intention to apply published on RedCrest-Probate
  • Originating motion created by RedCrest-Probate (printed and posted with the original will for probate)
  • Affidavit in support, signed in front of an authorised witness
  • Inventory of assets and liabilities at date of death values
  • Certificate identifying exhibits for the will and any codicils
  • Date of death statements from banks, funds and share registries
  • Property valuation, rates notice and title search
  • Renunciation of probate and affidavit of verification if a named executor is not applying, or a medical practitioner's affidavit if an executor cannot act
  • The grant's application number and unique identifier, so asset holders can view the grant on RedCrest-Probate
  • Estate accounts and receipts from beneficiaries

Common questions

How long do you have to wait after advertising in Victoria?

You must allow at least 15 days after publishing the advertisement of intention to apply on RedCrest-Probate before you can file your application. The advertisement gives anyone with important information about the application a chance to contact you. If you notice a mistake after it is published, you cannot edit it; you must publish a new advertisement.

How long does probate take in Victoria?

There is no fixed time. You can file only once your advertisement has been published for at least 15 days. The Probate Office's published review time is 5 to 10 working days, but it reports longer delays: in the week starting 2 November 2026 it was reviewing applications received in the week starting 21 September 2026, and its FAQs page shows the current position. If it needs more information it will email you, and preparing and filing that adds to the wait. Gathering the will, death certificate and asset values beforehand also takes time.

When can a Victorian executor distribute the estate?

The safe date runs from the grant, not the death. A family provision application must be made within six months after the grant under section 99 of the Administration and Probate Act 1958 (Vic), and section 99A protects a personal representative who properly distributes after those six months without notice of an application. A written notice of an intended claim lapses after three months unless an application is made. A careful executor therefore holds the residue until at least six months after the grant.

Do I need a lawyer to apply for probate in Victoria?

No. The Supreme Court of Victoria says you can apply for probate, administration or a reseal yourself through RedCrest-Probate, and many people do. It publishes a step-by-step guide, a questionnaire to identify the right type of grant, and forms. For small, simple estates the Probate Office's optional service prepares the paperwork for a fee. Speak to a lawyer if the will is unusual, an executor cannot act, or a claim is threatened.

What happens if someone dies without a will in Victoria?

Part IA of the Administration and Probate Act 1958 (Vic) applies. A surviving partner takes the whole estate where there are no children or other descendants, or where they are all the partner's too. Where there are children from another relationship, the partner takes the personal chattels, the statutory legacy ($591,390 for deaths from 1 July 2026 to 30 June 2027) plus interest, and half of the balance, and the deceased's children share the other half. With no partner and no children, the estate passes to parents, then siblings, grandparents, aunts and uncles, and finally the Crown.

Can a grant made in another state or overseas be used in Victoria?

Not directly. A grant made outside Victoria does not give authority to deal with Victorian assets. If it was made in another Australian state or territory, or in one of the overseas places the Court lists (for example New Zealand, the United Kingdom, Singapore and Hong Kong), it can be resealed by the Supreme Court of Victoria. The people who got the original grant, or their attorney, apply on RedCrest-Probate, which includes advertising and waiting at least 15 days, and file the original grant, an exemplification or a court-sealed certified copy. Once resealed, it is as effective as a Victorian grant.

How much does probate cost in Victoria?

From 1 July 2026 to 30 June 2027 the advertisement costs $38. The application fee depends on the gross value of the Victorian assets: nil under $250,000, $544 from $250,000 to under $500,000, $1,088 from $500,000 to under $1 million, and more for larger estates, up to $17,770.80 for $7 million or more. Fees generally rise each 1 July, so check the Probate Office fees page. When you budget, add any legal fees or the $285 small estates service fee, plus valuations and title searches.

Sources

  1. Wills and probate - Supreme Court of Victoria (accessed 8 Nov 2026)
  2. How to apply for a grant of probate or administration - Supreme Court of Victoria (accessed 8 Nov 2026)
  3. Probate Office FAQs - Supreme Court of Victoria (accessed 8 Nov 2026)
  4. Search Advertisements - RedCrest-Probate (accessed 8 Nov 2026)
  5. Probate Office fees - Supreme Court of Victoria (accessed 8 Nov 2026)
  6. Probate Office fees effective 1 July 2026 (PDF) - Supreme Court of Victoria (accessed 8 Nov 2026)
  7. Wills deposited with the Probate Office (deposited wills index) - Supreme Court of Victoria (accessed 8 Nov 2026)
  8. Small estates optional service - Supreme Court of Victoria (accessed 8 Nov 2026)
  9. How to determine if a grant of probate or administration is required - Supreme Court of Victoria (accessed 8 Nov 2026)
  10. Guidance for complex applications - Supreme Court of Victoria (accessed 8 Nov 2026)
  11. RedCrest-Probate eFiling information - Supreme Court of Victoria (accessed 8 Nov 2026)
  12. Administration and Probate Act 1958 - Victorian legislation (accessed 8 Nov 2026)
  13. Wills Act 1997 - Victorian legislation (accessed 8 Nov 2026)
  14. Trustee Act 1958 (Vic) s 67 - AustLII (accessed 8 Nov 2026)
  15. How to lodge - Land Services Victoria (accessed 8 Nov 2026)
  16. Deceased estates and land tax - State Revenue Office Victoria (accessed 8 Nov 2026)
  17. Death certificates and packages - Births, Deaths and Marriages Victoria (accessed 8 Nov 2026)
  18. Doing a final tax return for the deceased person - Australian Taxation Office (accessed 8 Nov 2026)
  19. Tax rates - deceased estate - Australian Taxation Office (accessed 8 Nov 2026)
  20. Who can represent a deceased estate - Australian Taxation Office (accessed 8 Nov 2026)
  21. Superannuation death benefits - Australian Taxation Office (accessed 8 Nov 2026)
  22. Tax on super benefits - Australian Taxation Office (accessed 8 Nov 2026)
  23. Superannuation complaints - Australian Financial Complaints Authority (accessed 8 Nov 2026)
  24. Who is eligible for help - Victoria Legal Aid (accessed 8 Nov 2026)
  25. Administration of the estate - Victoria Legal Aid (accessed 8 Nov 2026)
  26. Looking for legal help - Law Institute of Victoria (accessed 8 Nov 2026)
  27. State Trustees - deceased estate administration (accessed 8 Nov 2026)
  28. Administration of estates of deceased persons - Australian Financial Security Authority (accessed 8 Nov 2026)
  29. Bankruptcy Act 1966 (Cth) s 247 - AustLII (accessed 8 Nov 2026)
  30. Income Tax Assessment Act 1936 (Cth) s 99 - AustLII (accessed 8 Nov 2026)
This is general legal information, not legal advice. It does not claim that a solicitor has reviewed this page for your situation, and it does not create a solicitor-client relationship.

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Probate in Victoria: RedCrest Applications and Estates
Probate in Victoria: RedCrest Applications and Estates - newlaw.ai