A Complete Guide to Probate and Letters of Administration in VIC

When a person dies in Victoria, either a Grant of Probate or Letters of Administration application must be lodged for a person to be legally appointed the responsibility to:

  • Access finances, assets and belongings 
  • Distribute the estate as intended, and
  • Carry out any requests and wishes outlined in the Will. 

Our guide will explain and instruct you on how to:

  • Successfully submit a Grant of Probate Application, and
  • Apply for Letters of Administration where required

Minimum Documents required – VIC Probate Application

A number of documents are required to submit a Grant of Probate application in Victoria. Additional documents other than those stated below may also be requested by The Supreme Court before a grant is finalised.

You’ll need to obtain the following documents and prepare them for upload to your RedCrest online account:

  • Complete sworn affidavit
  • A copy of the advertisement for intention to apply
  • All exhibits, statements and other supporting evidence
  • Original Will
  • Original death certificate

Filing for a Grant in VIC – Processes for Probate & Letters of Administration

Probate Application 

A Grant of Probate application must be filed when a person dies leaving a Will including a nominated Executor. 

Required documentation is submitted to the Registrar of Probates via the RedCrest-Probate online portal following an assessment and decision made by The Supreme Court of VIC.You’ll need to wait to be granted Probate before you’re allowed to distribute the deceased’s estate. 

Who can apply for a Grant of Probate in Victoria?

Grant of Probate applications are to be lodged by the Executor(s) to the Will only.

Letters of Administration Application

A person may need to apply for Letters of Administration in VIC following a person’s death where either the person died:

  • Without leaving a Will at all, or
  • Leaving a Will without nominating an Executor, or 
  • An Executor was named but has since deceased or no longer has the capacity to take on the role of Executor.

Who can apply for Lettes of Administration in Victoria?

A Letters of Administration application can be lodged by one or multiple people when a mentioning of an Executor to distribute an estate is non-existent. While anyone can apply, the most suitable applicants are generally:

  • A spouse
  • Children
  • Siblings, or
  • Another close relative or family friend

The Supreme Court of VIC will determine a ‘suitable person’ to distribute the estate based on the circumstances involved with the application.

Important Things to Note for applications in Victoria 

The Executor to the Will must submit a ‘Notice of Intended Application’ to the Victorian probate online advertising system prior to applying for a Grant. 15 days must also lapse before an application for Probate or Letters of Administration can be lodged.

You must create a RedCrest-Probate online account to submit a Grant application.Processing times are approximate and are subject to a number of circumstantial factors. 

How long should I wait to file a Grant or Probate or Letters of Administration application in Victoria?

You should apply for either a Probate or Letters of Administration grant as soon as possible. The Supreme Court of VIC requires you to file your application within 6 months of a resident’s death.You may be exempt from this time frame if a genuine and eligible reason can be provided for a delay.H1

How do I file for a Grant of Probate in Victoria?

1. Create and log in to your RedCrest-Probate online account at: www.Redcrest.com.au  

2. Follow the document upload instructions and answer all questions within the RedCrest Portal.

3. Prepare and print the affidavit and ensure it is witnessed by someone authorised to take an oath or affirmation before reuploading it to the portal.

4. Submit your application and print the originating motion that is generated.

5. Post the following to the Registrar of Probates within 28 days of submitting your application:

  • Originating motion
  • The original Will

6. Await a response, requisition request or a final decision on your Grant of Probate.

How do I file for Letters of Administration in Victoria?

1. As the deceased’s closest next of kin you must create and log in to your RedCrest online account at www.Redcrest.com.au.

The next of kin hierarchy in VIC is as follows: 

  • Spouse
  • Children or adopted children
  • Grandchildren
  • Parents
  • Siblings

3. Follow the document upload instructions and answer all questions within the RedCrest Portal.

4. Prepare and print the affidavit.Prepare and print the affidavit and ensure it is witnessed by someone authorised to take an oath or affirmation before reuploading it to the portal.

5. Submit your application and print the originating motion.

What does it cost to file for a Grant of Probate or Letters of Administration in Victoria?

You may be required to pay several fees when applying for a Probate or Letters of Administration grant in VIC including:

Probate & Letters of Administration Fees

  • A fee for publishing your Online Advertisement
  • A one-off filing fee – determined by the gross value of the estate below:

Estate Gross Value

Fee

<$500,000

$500,000 – $999,999

$1,000,000 – $1,999,999

$2,000,000 – $2,999,999

>$3,000,000

$62.20

$333.20

$622.00

$1,362.50

$2,103.00

When will I have a decision regarding my Grant of Probate and Letters of Administration in Victoria?

Probate and Letters of Administration applications vary and depend on personal circumstances, special considerations and a range of other complexities involved with a person’s death.

Waiting periods for Grants in VIC are generally between 1-4 weeks from the date The Court receives the application.

Answering Requisition Requests

Oftentimes issues arise regarding Probate and Letters of Administration grant applications. These problems need to be rectified through means of answering a requisition and are commonly due to:

  • Errors made on forms
  • Discrepancies relating to details, or
  • Failing to supply the correct/sufficient documentation

What happens if there’s issues with my application?

The Court will notify you and request a requisition to amend any issues, clarify or confirm details, provide further documentation or for a number of other reasons until the application is satisfactory.

As requisition requests generally delay processing times, its crucial to ensure initial applications are correctly filed.Get in touch with an expert to further discuss Probate or Letters of Administration grant applications, how to apply or filing and processing requirements relating to all Australian states.

Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice