Following the death of a Victorian resident, the Executor of the Will of the deceased person must manage the estate, including its distribution.
The Will's Executor is only permitted to access and divide up the estate once Probate has been issued by the Supreme Court of Victoria.
Documents required to apply for a Grant of Probate in Victoria
The documents required to file for a Grant of Probate will depend on the deceased's estate; however, the following will be required as a general guide.
- Original and any Codicils;
- Certified copy of the Death Certificate;
- Inventory of Assets and Liabilities;
- Affidavit of Publication of Notice and Searches;
- Affidavit of Executor;
- Order of the Registrar;
- Originating Motion for a Grant of Probate;
How to file a Grant of Probate in Victoria
In Victoria, to apply for a Grant of Probate, you must be named as the Executor of the Will and over the age of 18.
To file for Probate, there are a few key steps;
- Publish your Notice of Intention to apply for a Grant of Probate. You must wait at least 14 days for any of the deceased's creditors or other relevant parties to file an objection if they believe that they have a claim to the estate.
- Complete your application to apply for Probate
- File your application with the Supreme Court of Victoria Probate Office
How much does applying for Probate in Victoria cost?
There are several costs associated with a grant of Probate in Victoria. These include:
- A fee to advertise the intent to apply for Probate
- A fee for filing your application with the Probate Office
The fees applicable are determined by the Probate Office and are based on the estate's size and value.
Some people may also choose to engage in the services of a lawyer or legal services to assist with applying for a Grant of Probate as this process can be time-consuming and challenging to navigate. These services may assist in collating, and filling out documentation, guiding you through legal processes, advertising the intent to file or filling the documentation with the Court.
How long does it take to apply for Probate?
Once the notice to apply has been published for at least 14 days, a Grant of Probate application can be filed.
After the application for a Grant of Probate has been filed with the Court, it will take approximately eight weeks to obtain a Grant of Probate (depending on the Courts backlog of applications and whether any requisitions are received from the Court).
If you have any other questions or want to find out more you can book a free no obligation consultation with our expert estate planning lawyers here.
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