Frequently Asked Questions

We recommend reviewing your Will every five years or so, and after significant life changes such as marriage, separation, or having children.

It lets someone you trust make financial and legal decisions on your behalf under Part 3 of the Powers of Attorney Act 2014, if you're ever unable to make them yourself.

Yes — many people appoint the same trusted person as executor, attorney and medical decision maker. Others prefer to split responsibilities. We'll talk through what makes sense for you.

If your loved one had bank accounts, property, shares or other assets, organisations such as banks, aged care providers and share registries may ask for a Grant of Probate before releasing or transferring those assets.

Without a Will, you can't apply for probate — instead, you may need to apply for Letters of Administration, which give an administrator similar authority to an executor.

There's no central Will register in Victoria. The original is often held by the solicitor who prepared it, or a copy may be with a bank, accountant or family member. If it can't be found, estate administration may be delayed.

Yes. A Codicil (a document that changes or adds to a Will without replacing it) generally needs to be included in the probate application along with the Will itself.

Yes. Land Use Victoria generally requires a Grant of Probate before property owned by a deceased person can be sold, transferred or updated.

Someone you trust to manage your estate responsibly — always get their agreement before naming them, and consider a second or third as backup.

No. You don't have to act if you don't want to — you may be able to renounce the role so another executor or appropriate person can apply instead.

No. A Power of Attorney ends when the person who gave it dies. After death, the executor named in the Will (or another appropriate person) must deal with the estate.

Sometimes a Will includes a clause allowing payment for the executor's time. Without one, an executor may still be able to apply for Executor's Commission in some circumstances.

Yes. As executor, you're generally entitled to request the original Will from whoever holds it, including another solicitor — you're not required to use a particular solicitor even if the Will names one.

Probate usually involves three types of cost: Supreme Court of Victoria filing fees (based on the estate's value), the Victorian Grant Advertising fee, and legal fees.

After probate is granted, organisations holding estate assets typically send funds by cheque made payable to "The Estate of the late [Name]," to be deposited into a deceased estate account or a solicitor's trust account.

Organisations ask for a Grant of Probate so they can be confident they're dealing with the correct person and releasing assets to the right estate representative — it protects banks, share registries and others from claims by other people.

The Supreme Court usually takes around two to six weeks to assess an application once lodged, though a Notice of Intention must be published first and at least 15 days must pass before lodgement.

Executors should aim to administer and distribute the estate within 12 months of the death — known as the "Executor's Year." Beneficiaries may be able to claim interest if gifts aren't transferred within that period. Since probate can take time, it's best to start as soon as possible.

These notices let creditors and other interested people know about the estate. They're published on the Supreme Court of Victoria's Probate Online Advertising System, rather than in local newspapers.