How to apply for a grant of probate in Victoria
Probate in Victoria is granted by the Supreme Court of Victoria, Probate Office. The executor named in the will applies online through the RedCrest Probate portal, advertises an intention to apply, files the original will and death certificate, and pays the filing fee. The grant of probate authorises the executor to deal with the estate's assets.
The framework
Administration and Probate Act 1958 (Vic). Grants are issued under Part I. Procedure is set out in the Supreme Court (Administration and Probate) Rules 2023 (Vic). Section 7 provides the Supreme Court's jurisdiction to make grants.
The process
Locate the original will
Find the signed original will. A photocopy is insufficient — you must have the original for probate or apply for a grant in respect of a copy under the rules.
Obtain the death certificate
Apply to Births, Deaths and Marriages Victoria for the official death certificate. This is mandatory for the application.
Identify the estate assets and liabilities
List bank accounts, real estate, shares, superannuation (where payable to the estate), vehicles, and any debts. This informs whether probate is needed at all.
Publish an online notice of intention to apply
Under rule 2.02 of the Supreme Court (Administration and Probate) Rules 2023, publish a notice on the Supreme Court of Victoria probate website at least 15 days before filing.
Register for RedCrest Probate
Create an account on the Supreme Court of Victoria's RedCrest Probate online portal. All Victorian probate applications are filed electronically.
Prepare the application and affidavit
Draft the Originating Motion for Grant of Probate and the Affidavit of Executor, annexing the will and death certificate. Include the inventory of assets and liabilities.
File documents through RedCrest
Upload the application documents through RedCrest and submit the original will to the Probate Office as directed.
Pay the filing fee
The Supreme Court of Victoria charges a tiered probate filing fee based on the gross value of the estate. Check the Supreme Court of Victoria fees schedule for the current amount.
Respond to any requisitions
The Probate Office may issue requisitions seeking further information or amendments. Respond within the time allowed to avoid delays.
Receive the grant and administer the estate
Once the grant issues, the executor can collect assets, pay debts, and distribute the estate in accordance with the will after the statutory 6-month claims period.
Forms and templates
- Originating Motion for Grant of Probate
- Affidavit of Executor
- Inventory of Assets and Liabilities
Common mistakes
- Filing before the 15-day notice period has ended
- Lodging a photocopy instead of the original will
- Missing assets from the inventory
- Not accounting for superannuation that is not estate property
- Distributing the estate before the 6-month claims period under Part IV of the Administration and Probate Act 1958 (Vic)
Get this process right with Quillio
Quillio prepares probate applications, affidavits, and inventories compliant with the Supreme Court of Victoria (Administration and Probate) Rules 2023. See /practice-areas/wills-and-estates-lawyers.
General information only — not legal advice. Probate is procedurally strict; errors cause delays and costs. Consider obtaining specialist advice for contested estates or complex assets.
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