How to Apply for Probate in Victoria: A Step-by-Step Guide
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Probate in Victoria is granted by the Supreme Court of Victoria. The Victorian process has some specific requirements that differ from other states — particularly around advertising and the availability of State Trustees as a professional alternative.
Do You Need Probate in Victoria?
Probate is almost always required if: the estate includes real property in Victoria; financial institutions require it (most major banks require probate for sole accounts in larger estates); or shares, managed funds, or other registered investments are involved.
Probate may not be necessary if: assets are small (under approximately $50,000 in bank accounts — verify with each institution); all property was jointly held and passes to the surviving owner automatically.
The Victorian Alternative: State Trustees
Victoria has State Trustees — a government-backed trustee company that can administer deceased estates on your behalf. If the complexity of the process feels overwhelming, or the estate is large or contentious, State Trustees provides professional executor services with fees paid from the estate.
Visit statetrustees.com.au or call 1300 138 672. This is not required — many Victorians self-administer straightforward estates. It is worth knowing the option exists.
Step 1 — Advertise the Application
Before lodging a probate application in Victoria, you must publish a probate notice. The notice is published in the Supreme Court Practice Court Notices section. The mandatory waiting period is 14 days from publication before you can lodge.
Step 2 — Prepare Your Documents
Required documents for Victorian probate:
- Originating Motion — the formal probate application, available from supremecourt.vic.gov.au
- Supporting Affidavit — your sworn statement as executor, sworn before an authorised person in Victoria
- The original will
- Certified copy of the death certificate
- Inventory of Property — all assets and liabilities at date of death
For real property in Victoria, the VGV (Valuer-General Victoria) publishes median property values which can serve as a reference, but a formal appraisal from a licensed valuer is more defensible for probate purposes.
Step 3 — Lodge the Application
Victorian probate applications are lodged with the Supreme Court of Victoria Probate Registry at 210 William Street, Melbourne VIC 3000. Online lodgement is progressively expanding — check the current position at supremecourt.vic.gov.au.
Filing fee: Based on gross estate value. Check the current fee schedule at supremecourt.vic.gov.au — fees are updated periodically.
Step 4 — Processing Time
A straightforward Victorian application: typically 6–10 weeks from lodgement — slightly longer than some other states. Common reasons for requisitions: advertising notice not published correctly; the Originating Motion or Supporting Affidavit containing errors; will alterations unexplained; inventory incomplete.
Victorian Intestacy Rules
Under the Administration and Probate Act 1958 (Vic): spouse/domestic partner with no children receives everything; spouse with children receives personal chattels plus a preferential share (currently $546,455 — subject to periodic adjustment), then half the balance, with children sharing the other half; no spouse means children share equally; no children or spouse — parents first, then siblings, then more distant relatives.
Self-Represented Applicants in Victoria
Victoria supports self-represented applicants. The Supreme Court probate registry publishes guidance for people handling their own applications. For simple estates with a clear will, cooperative beneficiaries, and no real property complications, the process is manageable without a solicitor. Solicitor fees are paid from the estate when a solicitor is engaged.
The Executor’s Guide provides general information about estate administration in Australia. It is not legal advice. For complex estates or any uncertainty, seek advice from a Victorian solicitor.
Related guides
- Do I Need Probate? A Plain-English Guide
- What Is an Executor?
- Executor Duties in Australia: The Complete Legal Guide
- What to Do When Someone Dies in Australia
If you are applying for a grant yourself, the Complete Executor’s Handbook covers probate and the rest of the estate step by step, in one place.
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