An application for probate or administration in relation to a deceased person’s estate can only be made to the Supreme Court of Victoria if there are assets located in Victoria.
There are several ways to apply for a grant. You may either:
- instruct a solicitor to act on your behalf;
- authorise a trustee company to act as executor or administrator;
- make the application as a self-represented person (without a solicitor); or
- if eligible, instruct the Probate Office small estates optional service to prepare your application.
In many instances applying for a grant is a straightforward process. If you would like to apply for a grant as a self-represented person, you should follow the steps listed below.
Sometimes a deceased person’s estate can be administered informally, without requiring anything from the Court. In some instances, however, it may be necessary to obtain a grant of probate or letters of administration (collectively referred to as grants of representation) before these duties can be completed.
You can visit our page about how to determine whether a grant of representation is required for more information on whether a grant is required.
If you have determined that a grant of representation is required, you will then need to determine the appropriate type of grant to apply for.
To assist you in determining which type of grant of representation is required, click here to complete a questionnaire.
You will need to create a RedCrest-Probate account to submit an application.
View the "Create a RedCrest-Probate account" video on the RedCrest-Probate eFiling page to guide you through the process of creating a RedCrest-Probate account.
A notice of an intended application (advertisement) for a grant must be published on RedCrest-Probate at least 15 days before filing an application.
Once you have logged in to your RedCrest-Probate account, select “File a new advertisement/application”, then select “Advertise and apply for a grant or to reseal”.
You will then be guided through questions to enable an advertisement to be prepared. Prior to submitting the advertisement, review the content. If you need to make changes, go back to the relevant section to correct the details.
Once the advertisement has been published, a copy will automatically be uploaded as part of your application.
View the "Publish an advertisement" video on the RedCrest-Probate eFiling page to guide you through the process of publishing an advertisement via RedCrest-Probate.
To complete your application, log-in to your RedCrest-Probate account, click on 'View my drafts and filings', then click on the application you have advertised.
You will be guided through the remaining questions to enable an affidavit and an inventory of assets and liabilities to be prepared. Once you have generated these documents, review the content. If you need to make changes, go back to your application to correct the details and generate the documents again. If any additional clauses are required in the affidavit, you must amend the affidavit as appropriate before printing.
Once printed, the affidavit must be witnessed by a person authorised to take an oath or affirmation. If you wish, you can book an appointment to have the affidavit witnessed at the Supreme Court of Victoria in Melbourne.
Once witnessed, upload the affidavit and all exhibits in PDF format to your draft application in RedCrest-Probate. Each document must be scanned and uploaded separately.
When scanning the original will (and any original codicil(s)) you must not remove any staples or bindings.
Once the application has been submitted, an originating motion will be generated.
If applying for Probate, Letters of Administration (with will annexed) or a Reseal, within 28 days of submitting the application you will need to print and deliver the originating motion with the original will, codicil(s) (if any) or grant for resealing to the Court by post to:
Registrar of Probates
Supreme Court of Victoria
PO Box 13331
Law Courts VIC 8010
View the "Completing and paying for your application" video on the RedCrest-Probate eFiling page to guide you through the process of completing your application via RedCrest-Probate.
If further information is required before a grant can be issued, you will receive an email that details the further steps required.
View the "Filing further documents" video on the RedCrest-Probate eFiling page to guide you through the process of filing further documents via RedCrest-Probate.
If a grant is made, you will be able to view the original grant via RedCrest-Probate. The original grant is an electronic document that can be viewed in RedCrest-Probate.
Asset holders may wish to view the original grant in RedCrest-Probate. To enable them to do so, you will need to provide them with both the application number and a unique identifier (both of which appear on the grant). The Court is not able to provide these details to asset holders.
The role of the Probate Office ends when the grant is issued. We cannot advise you how to administer the estate.