Apply for Probate in Victoria with Australian Probate Centre
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How our Probate Application Process Works
Free Consultation
Call us or send your contact details through our website and one of our solicitors specialising in probate application will contact you to discuss your enquiry. During the phone consult, we will advise you on whether you require probate or letters of administration and provide you with a fixed fee quote.
Send us the Required Information
The information and/or documents that we require to commence the probate application or
application for letters of administration are the following:
- A copy of the death certificate
- A copy of the executor’s ID (e.g., driver’s license or passport)
- A copy of the will (if there is a will)
- Information about the deceased’s assets
Application is Drafted
Once we receive the required information, we will commence the application for probate/letters of administration. We will update you at each stage as the matter progresses.
Application Submitted to the Supreme Court
Once the application and supporting documentation has been prepared and signed, we will submit the application with the Supreme Court. We will advise you once we receive a response from the Court in respect of the application.
What is Probate?
Probate is the legal process where the Supreme Court validates a person’s will and allows the executor to access and manage the deceased person’s estate.
Whether the executor is required to obtain probate or not depends on the type of assets the deceased person owned and the value of the assets. In most cases, the executor will need to obtain probate which will give them access to the assets left by the deceased person such as bank accounts, aged care refundable accommodation deposits and authority to sale a property left by the deceased.
Probate
Application Cost for Probate in Victoria
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. The table below shows the Court filing fees payable in probate matters:
Estate Value |
Court Fees |
| 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 |
Key Differences in Probate and Letter of Administration
Probate |
Letter of Administration |
| There is a will | There is no will |
| Application made by executer named in the will | Application made by the family member of next of kin |
| Deceased's assets are distributed according to the will | Deceased's assets are distributed according legislation |
| Consent of family members or beneficiaries is not required | Consent of family members or beneficiaries may be required |
Frequently Asked Questions
When do I need to apply for probate/ How long do you have to apply for probate after death?
Generally, the executor would apply for probate once they have received the death certificate.
Some states have time periods in which the executor would need to apply for probate, for example,
in New South Wales, the executor is required to apply for probate within 6 months of the deceased
death.
When is probate required in Australia?
Probate will be required when the asset holder requires it. The most common scenarios where
probate is required is if the deceased owned one or more of the following assets:
- Land or a house
- Bank account with more than $50,000 (though this can vary from bank to bank);
- Aged care refundable accommodation deposits
- Superannuation or life insurance policy payable to their estate.
How do I apply for probate?
How to apply for probate and the requirements for probate applications are different in each state.
Our team of lawyers will assess your matter and advise you on each States’ requirements to apply
for probate
Documents required
Some of the documents that you will need to submit with your probate application include the
following:
- Death certificate
- Affidavit of executor/s
- Will
- Statement of assets and liabilities
Each case is different and additional documents may be required depending on the circumstances of
the matter.
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. The table below shows the Court filing fees payable in probate matters:
Estate Value |
Court Fees |
| 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 |
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.