Key Takeaways
- Probate is the legal process that validates a deceased person's will and appoints an executor to manage the estate, requiring a Grant of Probate for access to assets.
- Probate is typically required when the deceased's estate exceeds certain thresholds, such as owning real estate solely in their name or having significant funds with financial institutions.
- Costs associated with probate in Victoria can include a Notice of Intention to Apply, court filing fees based on the estate's value, and potential professional help ranging from $37 to $15,000+.
- The average timeframe for obtaining a Grant of Probate is 4 to 8 weeks in uncontested cases, but delays can occur due to documentation errors or requisitions from the court.
- Legal support is recommended for complex estates or contested wills, as small mistakes can result in significant delays and complications in the probate process.
Navigating probate in Victoria can feel overwhelming — especially in the emotionally charged aftermath of a loved one’s passing. Executors, family members, and beneficiaries are often left grappling with not only grief but also legal processes, hidden costs, and time-sensitive tasks. If you have been named an executor or are handling someone’s estate, understanding how probate works is crucial.
This comprehensive guide explains what probate is, when it is required, how much it costs, how long it takes, and the rookie mistakes that can derail the process. We also explore what happens when a will is contested — and how to get the right support every step of the way.
What Is Probate?
Probate is the legal process by which the Supreme Court of Victoria formally recognises the validity of a deceased person’s will and appoints an executor to manage the estate. This formal authorisation is called a Grant of Probate, and it gives the executor legal power to:
- Collect and sell/transmit the deceased’s assets
- Pay outstanding debts or taxes
- Distribute inheritances in line with the will
If the person passed away without a valid will (also known as dying intestate), a spouse, partner, or next of kin must apply for Letters of Administration instead. The outcome — a court-issued grant — serves a similar function but applies to intestate estates.
Whether it is probate or administration, a court grant is typically necessary before banks, real estate agencies, or government bodies will allow access to the deceased’s assets.
When Is Probate Required?
A Grant of Probate is usually required when:
- A bank, superannuation fund, or financial institution demands a court grant before releasing funds held solely in the deceased’s name
- The deceased owned real estate in their name only (not jointly)
- The total estate value exceeds certain thresholds (often $50,000 or more)
Each institution has its own threshold, so it is important to check directly with banks, super funds, or share registries.
When Probate May Not Be Required
Probate might not be necessary if:
- All major assets were jointly owned, such as a shared home or joint bank accounts
- Superannuation benefits have a binding death benefit nomination in place, specifying a beneficiary
- The estate is small and simple, and asset holders accept alternative evidence of death
Still unsure? Speak with a probate lawyer for advice tailored to your circumstances. Book a consultation to discuss whether a grant is required and the appropriate next steps for administering the estate.
Probate Costs in Victoria
Understanding the costs of probate is essential for effective planning. These fall into three main categories:
1. Notice of Intention to Apply
As of 11 November 2024, all probate applications in Victoria must be lodged via RedCrest-Probate, the court’s unified online platform. Before filing your application, you must publish a Notice of Intention to Apply, which:
- Must be published at least 14 days before lodging documents
- Costs $37.00 to publish (as of 1 July 2025)
2. Supreme Court Filing Fees
Filing fees are calculated based on the gross value of assets located in Victoria. Here is the 2025 fee schedule:
| Estate Value | Court Fee |
| $0–$249,999.99 | $0 |
| $250,000–$499,999.99 | $529.50 |
| $500,000–$999,999.99 | $1,059.00 |
| $1,000,000–$1,999,999.99 | $2,471.10 |
| $2,000,000–$2,999,999.99 | $4,942.10 |
| $3,000,000–$4,999,999.99 | $7,396.40 |
| $5,000,000–$6,999,999.99 | $12,355.40 |
| $7,000.000+ | $17,297.50 |
Refer to the official fee schedule for any updates.
3. Professional Help
You can apply for probate yourself or hire help:
- DIY (self-represented): Just $37 (notice) + court filing fee
- Probate consultants: Around $2,300, fixed-fee, for basic applications
- Solicitors: From $3,000 to $15,000+, depending on complexity
If there are contested issues or significant assets (e.g., multiple properties, business interests, offshore accounts), a solicitor is the safest option.
Probate Timeframes in Victoria
In most uncontested cases, a Grant of Probate is issued within 4 to 8 weeks of lodging the application — but only if all documents are complete and correct.
Step-by-Step Overview:
| Stage | Details | Estimated Duration |
| Locate will and register death | Confirm the final will; get certified death certificate | 1-2 weeks |
| Identify assets and liabilities | List property, bank accounts, superannuation, liabilities | 1-2 weeks |
| Publish Notice of Intention | Use RedCrest-Probate to publish the notice | 14 days (minimum) |
| Prepare application documents | Includes affidavits and inventory of assets | 1-2 weeks |
| Lodge application | Upload, pay filing fee, and submit online via RedCrest-Probate | Day 15 onward |
| Registrar review | Probate Office reviews and assesses | 2-4 weeks |
| Respond to requisitions (if any) | Additional documents requested by the court | Adds 1-3+ weeks |
| Grant issued | Grant of Probate received via RedCrest | End of process |
Delays usually occur due to errors in documentation, incorrect valuations, or court requisitions. If you are unsure, consider getting help from a probate lawyer to avoid preventable setbacks. Book a consultation with a probate lawyer to get clarity and avoid unnecessary delays.
Common Mistakes That Delay Probate
Even small errors can lead to weeks of delay or application rejection. Common pitfalls include:
- Failing to publish the Notice of Intention before lodging the application
- Mistakes in names, dates, or executor affidavits
- Providing incorrect asset valuations
- Misunderstanding joint vs solely owned assets
- Trying to DIY a complex estate
- Delayed or incomplete responses to court requisitions
Executor Checklist: Before and After Probate
Here is a helpful checklist for executors managing a Victorian estate:
Before Applying:
- Locate and verify the original signed will
- Obtain certified death certificates
- Identify all Victorian estate assets and liabilities
- Publish Notice of Intention via RedCrest
After the Grant is Issued:
- Notify financial institutions and asset holders
- Sell or transfer estate assets
- Pay all debts and taxes
- Distribute remaining funds or property to beneficiaries
- Keep estate records for 7 years (legal requirement)
Contested Wills in Victoria
A contested will can dramatically delay administration. Under the Administration and Probate Act 1958 (Vic), eligible persons can challenge a will on grounds such as:
- Undue influence or coercion
- Lack of testamentary capacity
- Being unfairly excluded (e.g., dependants or children)
- Existence of conflicting wills
A family provision claim must usually be filed within 6 months of the Grant of Probate being issued. These disputes are often resolved through court proceedings or mediation, and professional legal advice is essential.
Contested estates are legally and emotionally complex. Get trusted legal advice for confidential guidance before taking action.
Choosing the Right Level of Support
Depending on the complexity of the estate and the executor’s confidence in managing legal procedures, there are several options for handling a probate application:
| Option | Advantages | Considerations |
| DIY (Self-represented) | Low cost; suitable for simple estates with few assets | High risk of errors, delays, or rejection |
| Probate Consultants | Fixed-fee support; faster turnaround for straightforward cases | Cannot offer legal advice or assist with disputes or contested wills |
| Solicitors | Full legal guidance, including tax advice and dispute resolution | Higher cost but best suited for complex or high-value estates |
If there is uncertainty about the will’s validity, dependants involved, or significant property at stake, legal advice is strongly recommended.
Frequently Asked Questions
Do all estates require probate?
Is probate done online in Victoria?
How long does probate take?
Can a will be contested?
Final Guidance: Get the Right Support
Administering an estate is more than just paperwork — it is a legal responsibility that requires careful attention to detail, time-sensitive compliance, and at times, dispute management. Executors often underestimate the complexity involved in probate, from publishing the required notice to responding to court requisitions and navigating family dynamics.
Without the right support, small errors can lead to costly delays, rejected applications, or legal challenges. Whether the estate is simple or involves significant assets and risks, professional guidance can help you manage the process efficiently, lawfully, and with peace of mind.
Need clarity on your next step?
At Pentana Stanton Lawyers, we provide clear, tailored advice and full probate support to executors and families across Victoria. Our experienced team can help you avoid the common traps and protect the estate — and your role in it.
Speak to a probate specialist and move forward with clarity and confidence.
