What is probate and how do I apply in Victoria?

General information for people in Victoria · ORLA Connect

Probate is a grant from the Supreme Court of Victoria that confirms a will is valid and authorises the executor to administer the estate. It isn't always needed — it depends on the assets — but banks and land titles often require it before releasing or transferring the deceased's assets. Here's how it works.

When probate is needed

It's usually required where the estate holds real estate in the deceased's sole name, or larger bank or share holdings. Some small estates can be handled without a grant if the asset holders agree.

The executor's role

The executor named in the will applies for probate, then collects assets, pays debts and taxes, and distributes the estate to the beneficiaries according to the will.

How to apply

Applications are made to the Probate Office of the Supreme Court, and usually require advertising an intention to apply and lodging the will and supporting documents. Errors can cause delays.

Get help the easy way

Post your wills & estates matter once on ORLA Connect and get matched with Victorian firms who can handle a probate application and explain their fees — privately, before you commit. Free and no obligation.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.