Probate & Estate Administration

Helping Executors navigate the legal process following the passing of a loved one with care and attention to detail.

What is a Grant of Probate?

A Grant of Probate is a court document issued by the Supreme Court of Victoria when a person passes away. It confirms that the Will is valid and that the Executor named in the Will has authority to deal with the deceased person's Estate. The Probate application is usually submitted to the Court alongside the original Will, the Death Certificate and a detailed list of the Estate's assets and liabilities with documents and statements from organisations.

Is Probate required?
If your loved one had bank accounts, property, shares or other assets including a Refundable Accommodation Deposit (RAD) for residential aged care, it is required as organisations commonly require a Grant of Probate before releasing or transferring them. Banks, share registries, aged care providers, property authorities and other organisations may ask to see the Grant of Probate before they speak with family members or release Estate assets.

Our probate process

Initial consultation

We explain what is required for a Probate application to the Supreme Court.

Collect and review the Will and supportive documents

We confirm validity and collect all documents and financial statements.

Prepare Application

All details are compiled in an Application with a Affidavit.

Lodge with the Supreme Court

Filed with the Supreme Court of Victoria.

Grant Issued

Usually within 2–6 weeks of lodgement.

Estate Administration

We assist the Executor to collect assets, pay debts and distribute the Estate pursuant to the Will and relevant legislation if required.

Probate Costs

Legal Fees

Probate Processing via RedCrest

Upwards based on complexity plus statutory costs charged by the relevant government department based on the value of the Estate for Advertising, Letters of Administration and submission to Supreme Court of Victoria.

$4,800

Additional Charges

Court filing fee

Depends on the gross value of the Victorian Estate

Varies

VOI/AML Obligations

Per person for Anti Money Laundering Obligations to provide an individual risk assessment for each party to a transaction as required by Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024

$200

Advertising fee

Notice of intention to apply for Probate

$38

Printing & postage

Per person

$300

Sundries

Minor incidental costs

$250

Supreme Court of Victoria filing fee tiers (2026/2027)

Less than $250,000

Fee waived

$250,000 – $499,999

$544.00

$500,000 – $999,999

$1,088.00

$1,000,000 – $1,999,999

$2,538.70

$2,000,000 – $2,999,999

$5,077.40

$3,000,000 – $4,999,999

$7,598.80

$5,000,000 – $6,999,999

$12,693.40

$7,000,000 or more

$17,770.80

Probate FAQs

Do I need to do probate?

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.

How long does probate take in Victoria?

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.

What if no Will was left?

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.

Am I legally obligated to act as executor?

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.

How long do I have to apply for or distribute the estate?

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.

Where can I locate the last Will?

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.

I'm the deceased's Power of Attorney — can I apply for probate?

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.

Do executors get paid for their work?

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.