Small estates optional service

A small estate is when a person’s assets at their date of death are below the value set by government, which is currently $129,850.

The maximum value of an estate changes each financial year per the table below.

A small estate application is one where an applicant decides to use the Probate Office’s service that assists people to apply for a grant of representation, called the small estates optional service.

The people entitled to use the service are the executor named in a person’s will, or the next of kin entitled to share in the estate where there is no will. You do not need to meet any eligibility criteria to use the service.

The Probate Office can assist with straight-forward applications for grants of representation only. After you provide the completed application form, you will be advised whether the Probate Office is able to assist. The Probate Office cannot advise you of how to administer the estate, how to manage contentious issues surrounding the estate, or what you are required to do across other government departments.

• Applications made by an unregistered domestic partner where there is no will;
• Applications where the sole beneficiary and executor is not mentally capable;
• Applications where an affidavit of testamentary capacity would be required;
• Applications made by a power of attorney;
• Applications where the executor is unable to be located;
• Applications where the original will is unable to be located;
• Applications where someone other than the next of kin applies where there is no will;
• Where minor children are entitled to the estate and there is no executor or no will;
• Where the will has not been witnessed by two or more people;
• Where the applicant is unsure whether the beneficiaries are living or over the age of 18 and capable of managing their own affairs where there is no will; or
• In any other cases the Registrar may think proper to be considered by the court or be placed in the hands of a legal practitioner.
   

No. Even if the estate is defined as a small estate, you can lodge an application for a grant of representation yourself via RedCrest-Probate. A step-by-step guide about applying for probate or administration is available, which details how to prepare and file an application.

You need the following documents to make a small estate application:

• a certified copy of the death certificate of the deceased (if the death has been registered with Births, Deaths and Marriages Victoria after 11 July 2022, a certified copy of the "Death Certificate - Cause of Death" is required);
• the original will and codicil(s) (if any) of the deceased (if the deceased left a will or codicil(s)); and
• details of the assets of the deceased (such as bank account details).

Once you have these documents, follow these steps.

STEP ONE

Determine whether you require a grant of representation. If the deceased held assets solely in their name or as a tenant in common in Victoria as at the date of their death, you will be required to contact the financial institutions to determine whether a grant is required to distribute the assets. 

If a grant is required you will need to determine which grant is required before completing the small estates application form relating to your application.

Probate:

• A grant of probate is issued to the executor(s) named in the last valid will left by the deceased. If a grant of probate is required, complete the Small Estates application form (Probate/Letters of Administration (with the Will annexed)) and credit card authorisation form.  
• Email the completed forms, along with a certified copy of the death certificate (if the death has been registered with Births, Deaths and Marriages Victoria after 11 July 2022, a certified copy of the "Death Certificate - Cause of Death" is required) and a copy of the will and codicil(s) if any to fznyyrfgngrf@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@setatsellams .

Letters of administration (with the Will annexed):

• 'Letters of administration with the will annexed' are issued where the deceased has left a valid will but the executor cannot, or will not, apply for a grant. Generally, the grant is made in favour of the persons with the greatest interest under the will. If a grant of letters of administration with the will annexed is required, complete the Small Estates application form (Probate/Letters of Administration (with the Will annexed)) and credit card authorisation form. 
• Email the completed forms, along with a certified copy of the death certificate (if the death has been registered with Births, Deaths and Marriages Victoria after 11 July 2022, a certified copy of the "Death Certificate - Cause of Death" is required) and a copy of the will and codicil(s) if any to fznyyrfgngrf@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@setatsellams .

Letters of administration (no Will):

• 'Letters of administration' are issued when the deceased person has left no valid will. In most instances the grant is made to the closest surviving next of kin of the deceased (e.g. a spouse or a child of the deceased). If a grant of letters of administration is required, complete the Small Estates application form (Letters of Administration (no Will)) and credit card authorisation form.
• Email the completed forms, along with a certified copy of the death certificate (if the death has been registered with Births, Deaths and Marriages Victoria after 11 July 2022, a certified copy of the "Death Certificate - Cause of Death" is required) to fznyyrfgngrf@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@setatsellams .

Alternatively, you can post the completed forms, along with the original will and codicil(s) (if any), a certified copy of the death certificate (if the death has been registered with Births, Deaths and Marriages Victoria after 11 July 2022, a certified copy of the "Death Certificate - Cause of Death" is required) to:

Registrar of Probates
Supreme Court of Victoria
PO Box 13331
Law Courts VIC 8010

If you need us to provide a paper copy of the forms for you to complete, please phone us on (03) 8600 2006 and we can send them to you via post.  

STEP TWO 

Once the Probate Office receives your completed forms, we will contact you via telephone to discuss your application. During the conversation, the person you speak with from the Probate Office will:

• advise if the small estates optional service is able to assist you, or whether further information may be required; 
• process payment of the advertisement fee and the small estates optional service fee via credit card; and
• discuss whether you would like to attend an appointment after approximately two weeks to have your affidavit (required in support of your application) witnessed, or whether you would prefer a copy of the affidavit to be sent to you via email or post.

After this discussion, the Probate Office will place an advertisement for a grant of representation on your behalf and prepare the affidavit.

STEP THREE

Once the affidavit is prepared, it needs to be signed in front of an authorised witness. If you have made an appointment to attend the Probate Office, the affidavit will be witnessed at this appointment. If you have asked to have your affidavit sent to you via email or post, instructions on steps to have it witnessed and details of who is able to witness an affidavit will be provided.  

STEP FOUR

After the witnessed affidavit and original will (if there is one) is provided to the Probate Office, an electronic grant of probate or administration will be issued and sent to you via email. If you do not have an email address, a copy will be sent to you via post. This is the grant that you need to provide to asset holders (such as financial institutions) in order to deal with the deceased’s assets.

If you choose to use the small estates optional service, the following fees are payable:

If you decide to file the application yourself, you will only need to pay the advertisement fee.

A completed small estates application form (Probate/Letters of Administration (with the will annexed)) or a completed small estates application form (Letters of Administration (no will)) and small estates credit card authorisation form are required to make an application through the small estates optional service.

Once you have completed the forms required, email them along with a certified copy of the death certificate and a copy of the will and any codicil(s) (if any) to fznyyrfgngrf@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@setatsellams . 

Alternatively, you can post the completed forms along with a certified copy of the death certificate and the original will and codicil(s) (if any) to:

Registrar of Probates
Supreme Court of Victoria
PO Box 13331
Law Courts VIC 8010.