Below you will find information about Probate Office processes or answers to some of our frequently asked questions.
For information about other Probate Office processes, you can also visit our information about applying for a grant of probate or administration, watch videos about RedCrest-Probate and find guidance for complex applications.
What are letters of administration?
A legal document issued by the Court where the deceased has not left a valid will (died intestate) that enables the person appointed as administrator to finalise the affairs of the deceased in accordance with the laws of intestacy.
Is it necessary to apply for letters of administration?
The Court does not determine whether or not administration is required to deal with a person’s estate and there is no automatic requirement to apply for administration when someone dies.
Whether letters of administration is required will depend on what assets have been left solely in the name of the deceased, and the requirements of institutions holding those assets. Visit our page about grants of probate and administration for more information.
Who applies for letters of administration?
If the deceased has not left a valid will, the deceased person’s closest relative(s) who are entitled to share in the estate usually make the application for letters of administration. Determining who is entitled to share in a deceased's estate where there is no valid will can be quite complex. Complete the questionnaire in relation to the deceased's relationships at their date of death for guidance on who may be entitled to share in the estate, who should make the application, and what to include in your affidavit in support. To apply for administration you must be over the age of 18.
Where do I apply for letters of administration?
You can apply to the Supreme Court of Victoria if the deceased had assets located in Victoria. If there are assets in another location, you may need to contact the relevant court.
How do I apply for letters of administration?
You can read our page all about how to apply for a grant of probate or administration for further procedural guidance. Applications for administration are made via RedCrest-Probate.
The statutory legacy is an amount determined by section 70M of the Administration and Probate Act 1958 that a partner of a deceased is entitled to as part of their entitlement if the deceased leaves a partner and a child or other issue who is not the child or other issue of that partner.
To determine if a partner and children/issue who is not a child/issue of that partner are entitled to share in the estate it is necessary to determine the value of the residuary estate. If the residuary estate is worth more than the statutory legacy the partner is entitled to the personal chattels of the deceased, the amount of the statutory legacy, interest, and one half balance of the residuary estate. See section 70L of the Administration and Probate Act 1958 for more information.
The date of death determines the applicable statutory legacy amount. From 1 July 2024, the amount of the statutory legacy is $559,660. The statutory legacy was introduced on 1 November 2017. Previous statutory legacy amounts are as follows:
| Date of death | Statutory legacy amount |
| 1 November 2017 – 30 June 2018 | $451,909 |
| 1 July 2018 – 30 June 2019 | $461,780 |
| 1 July 2019 – 30 June 2020 | $471,240 |
| 1 July 2020 – 30 June 2021 | $480,700 |
| 1 July 2021 - 30 June 2022 | $486,870 |
| 1 July 2022 - 30 June 2023 | $499,210 |
| 1 July 2023 - 30 June 2024 | $539,100 |
| 1 July 2024 - 30 June 2025 | $559,660 |
For deaths prior to 1 November 2017, it is suggested you obtain legal advice to determine who is entitled to share in an estate. The Administration and Probate Act 1958 as it was in force at the date of death of the deceased will determine the share of the estate the partner is entitled to.
What is probate?
A grant of probate is a legal document issued by the Court that confirms the will is valid and that the executor(s) can act on the will.
Is it necessary to apply for probate?
The Court does not determine whether or not probate is required to deal with a persons estate and there is no automatic requirement to apply for probate when someone dies.
Whether probate is required will depend on what assets have been left solely in the name of the deceased, and the requirements of institutions holding those assets. Visit our page about grants of probate and administration for more information.
Who applies for probate?
To apply for probate you must be over the age of 18 and be an executor named in the will.
Where do I apply for probate?
You can apply to the Supreme Court of Victoria if the deceased had assets located in Victoria. If there are assets in another location, you may need to contact the relevant court.
How do I apply for probate?
You can read our page all about how to apply for a grant of probate or administration for further procedural guidance. Applications for probate are made via RedCrest-Probate.
Will the Court keep the original will after probate is granted?
Yes, the Court keeps the original will.
What is letters of administration (with will annexed)?
A legal document issued by the Court where the deceased has left a valid will but no executor is named or is otherwise able to apply for probate. A grant of letters of administration (with will annexed) confirms the will is valid and enables the person appointed as administrator to finalise the affairs of the deceased in accordance with the will.
Is it necessary to apply for letters of administration (with will annexed)?
The Court does not determine whether or not administration is required to deal with a persons estate and there is no automatic requirement to apply for administration when someone dies.
Whether administration is required will depend on what assets have been left solely in the name of the deceased, and the requirements of institutions holding those assets. Visit our page about grants of probate and administration for more information.
Who applies for letters of administration (with will annexed)?
The person or persons with the greatest beneficial interest under the will would usually apply for letters of administration (with will annexed). To apply for administration you must be over the age of 18.
Where do I apply for letters of administration (with will annexed)?
You can apply to the Supreme Court of Victoria if the deceased had assets located in Victoria. If there are assets in another location, you may need to contact the relevant court.
How do I apply for letters of administration (with will annexed)?
You can read our page all about how to apply for a grant of probate or administration for further procedural guidance. Applications for letters of administration (with will annexed) are made via RedCrest-Probate.
Will the Court keep the original will after letters of administration (with will annexed) is granted?
Yes, the Court keeps the original will.
What is a grant of representation?
This gives a person the legal right to administer the estate of a deceased person. Probate and letters of administration are together referred to as ‘grants of representation’.
Is there a time limit on applying for a grant of representation after someone has died?
No. However, if more than three years have passed since the date of death of the deceased, you need to explain the delay in your affidavit.
Is there a maximum number of people that can apply in relation to one estate?
It is the general practice of the Court to not permit probate or administration to be granted to more than four people. It has previously been regarded by the Court as unsatisfactory and inconvenient for the administration of the estate of the deceased. If there are more than four executors named in a will, an application can be made by four with leave reserved to the remaining executors to apply for probate pursuant to leave reserved if a vacancy occurs.
How long does it take for probate or administration to be granted?
It may take several weeks for the application to be granted from the date you start the application process. You can only lodge your application after your advertisement has been on the Supreme Court website for at least 15 days. Once the application has been filed with the Probate Office it usually takes 5-10 working days for your application to be reviewed.
What is an executor?
A person appointed by the will to administer the estate. A will may appoint more than one executor.
What is an administrator?
A person appointed by the Court, by an official document called ‘letters of administration’, to administer a deceased estate that has no executor. This may be because there is no will, the will did not appoint an executor, or a named executor is unwilling or unable to act. The Court usually appoints the person or persons who have the greatest right to share in the estate as administrator.
What does an executor or administrator do?
They must make sure any debts, including funeral expenses, are paid and that any remaining assets are distributed according to the deceased's wishes (where there is a will) or the laws of intestacy (where there is no will). Intestacy is a legal term that refers to the situation when there is no will. The laws of intestacy are contained in the Administration and Probate Act 1958.
Sometimes the tasks of paying debts and distributing assets can be done informally. 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.
Why do I need to publish an online advertisement?
The advertisement is the start of the application process (whether or not the deceased left a will). It gives all interested people a chance to contact you if they have important information about your application.
How do I publish my online advertisement?
An advertisement must be published on RedCrest-Probate. See our information about how to apply for a grant of probate or administration for a full step by step guide on the application process for more information.
Can I add additional information to the advertisement?
Yes. For the majority of applications no further information will be required, as long as all of the questions have been answered correctly. For some more unusual applications further information may be required. You can answer a questionnaire to find out if further information is required, and to view examples of what further information will need to be provided.
How can I add or change information in my advertisement?
You cannot change your advertisement after it has been published. If you notice a mistake in your advertisement you will need to publish a new advertisement. If you notice a mistake before publishing the advertisement, you can change the information by returning to the relevant page to update the details.
After publishing my online advertisement, when can I apply to the Probate Office?
You must allow at least 15 days after publishing your online advertisement before filing your application on RedCrest-Probate.
The original will is filed with the Court and remains in the Court's possession if an application has been made in relation to the will. Once an application has been granted the file becomes a public record and can be searched on payment of a fee. For information about searching Probate Office records, please visit the searching probate records page. Only more recent Probate Office records are stored at the Supreme Court of Victoria. Older records are available to search at Public Record Office Victoria.
It is not always necessary to apply for a grant of representation in relation to the estate, so the Court does not always have a copy of the will if one does exist. Section 50 of the Wills Act 1997 details who may be able to request a copy of a will from a person who has possession and control of a will.
Yes. Pursuant to section 5A of the Administration and Probate Act 1958 a will may be deposited with the Registrar of Probates for safekeeping.
There is a fee to initially deposit the will, and a further fee is payable if the will is uplifted in the future. More information about the current fees payable can be found on the Probate Office fees page. There are no ongoing fees in relation to the storage of the will.
An application to deposit a will for safekeeping is made via RedCrest-Probate.
Pursuant to section 5C of the Administration and Probate Act 1958 a will that is deposited with the Registrar of Probates for safekeeping may be given during the testators life to the testator or a legal practitioner/trustee company who is acting on their behalf.
If the testator has died, the will may be given to any executor named in the will or any person entitled to apply for letters of administration with the will annexed or a legal practitioner/trustee company acting on their behalf
To uplift a will, the request to uplift will form and the duly sworn/affirmed affidavit must be completed and filed via RedCrest-Probate.
A fee is payable when the will is uplifted. More information about the current fees payable can be found on the Probate Office fees page.
In all cases where the Court grants representation, the person to whom the grant is made must file with the Court a true and just account verified by affidavit of the administration of the estate, when requested to do so by the Court or the Registrar of Probates.
Anyone who has sufficient interest in the estate can request the Registrar to require the executor or administrator to file an account. A request will typically only be made by the Registrar where an interested party indicates they have previously taken reasonable steps to obtain an account of the estate from the executor/administrator and the Registrar is satisfied there is a reason a request should be made. In determining the request, the Registrar considers the interests of the estate, the beneficiaries and the costs and inconvenience occasioned by the preparation of the account. An administration account is filed on the Probate Office file and is available for public search.
The main Rules that apply in relation to an application for probate or administration are the Supreme Court (Administration and Probate) Rules 2023.
The following Acts may also be relevant to making an application or to the work of the Probate Office:
Administration and Probate Act 1958
Wills Act 1997
Wills Act 1958
Relationships Act 2008
State Trustees (State Owned Company) Act 1994
Trustee Companies Act 1984
Status of Children Act 1974
Adoption Act 1984
A grant may be issued with an error if the information was originally entered incorrectly on RedCrest-Probate at the time of filing the application. To correct the error, you will need to complete the request to amend a grant of representation form and file it on RedCrest-Probate.
If there was an error on the originating motion you will also need to file an amended originating motion that contains the correct information. If the grant requires amendment because the details originally sworn or affirmed to in the affidavit in support were incorrect, the request must be accompanied by an affidavit confirming the correct information and the reason the amendment is required.
A fee is payable when filing a request to amend a grant of representation. More information about the current fees payable can be found on the Probate Office fees page.
The Court no longer issues paper copies of grants of representation. However, in limited situations you may be able to apply for an exemplification or certified copy of the grant or will. Usually, such documents will only be issued if there are assets located in another jurisdiction.
To request a paper copy, you will need to complete the request for exemplification or request for certified copy as relevant and then file the request on RedCrest-Probate. The Probate Office is not able to advise which document would be required. You should contact the court or organisation that has requested the paper copy to confirm with them what they require.
If an exemplification or certified copy is required so it can be resealed or provided in another jurisdiction to deal with assets in that jurisdiction and those assets were not disclosed when the grant was originally sought, an affidavit sworn or affirmed by the plaintiff detailing what the assets are will also be required.
The Probate Office is not able to provide advice in relation to contesting an application for probate or administration. If you require further information, you are encouraged to obtain legal advice.
You can also find out general procedural information about contested applications on our page about wills and deceased estates proceedings.