Probate FAQs

Probate is a legal document issued by the Supreme Court of Victoria that confirms the validity of a deceased person’s Will and grants the executor the authority to manage and distribute the estate.

Call Us Now on 03 8618 9010 to speak with an expert probate lawyer for a free consultation and expert guidance through the process.

Letters of Administration in Victoria

If there is no Will or no executor named in the Will, you may need to apply for:

• Grant of Letters of Administration with the Will – Required when a valid Will exists, but there is no appointed executor, or someone other than the named executor is applying. This can happen if the executor has passed away, is incapacitated, or has renounced their role.
• Grant of Letters of Administration (Without a Will) – Necessary when no valid Will exists, a situation known as intestacy.

If you are unsure which application applies to your situation, contact our probate lawyers in Victoria for expert guidance.

Whether you require Probate depends on the type of assets the deceased owned.

Many organisations in Victoria, including banks, superannuation funds, share registries, aged care providers, and Land Use Victoria, may require a certified copy of the Grant of Probate before releasing assets.

If you are unsure whether Probate is necessary, it’s best to check with the relevant institutions holding the deceased’s assets before starting the application process. Our team can assist you in determining the right course of action.

You can apply for a Grant of Probate or Letters of Administration if you:

• Have been appointed as the Executor in the Will.
• Are the closest next-of-kin of the deceased if no Executor was appointed or if the deceased passed away without a Will (intestate).

If multiple Executors are named in the Will, all must be included in the Probate application. However, if an Executor has passed away, become incapacitated, or formally renounced their role, the application can proceed without them.

Our team can guide you through the process to ensure a smooth application.

If the named executor does not wish to fulfill their role, they can formally renounce their position. In such cases, the executor may appoint State Trustees Victoria or a private trustee company to manage the estate on their behalf.

Alternatively, a beneficiary of the residuary estate can apply to the Supreme Court of Victoria to be appointed as the administrator of the estate.

If no appointed executor is available, the court will appoint an administrator to manage the estate. In most cases, this will be the beneficiary who is entitled to the largest share of the estate.

If you are uncertain about who can apply for Probate in Victoria, our experienced solicitors can provide clear guidance and support. Contact us today to discuss your situation.