Understanding Probate in Victoria: What it is, when you need it, and how long it takes
When a loved one passes away, the process of managing their estate can feel overwhelming — especially if you are the executor named in the will. One of the first questions that arises is whether probate is needed and what the process involves.
What is Probate of a Will?
In Victoria, probate is where the Supreme Court of Victoria confirms that a Will is valid and formally appoints the executor to administer the estate.
A Grant of Probate gives the executor legal authority to administer the deceased estate including but not limited to:
- Collect the deceased’s assets;
- Close bank accounts;
- Sell or transfer property;
- Pay debts and liabilities;
- Distribute the estate to beneficiaries.
Without this grant, many institutions — banks, share registries, insurers and the Titles Office — simply will not release or transfer assets held in the deceased’s sole name.
If there is no valid will, or there is a will but no executor able to act, the similar process of Letters of Administration applies instead.
How long does Probate take in Victoria?
Probate should be obtained within two (2) years of the date of death.
Before an executor can lodge their probate application, they must publish an advertisement with their notice of intention to apply for a grant of probate with the Supreme Court of Victoria. The Court requires a minimum waiting period of 14 days between publishing this notice and submitting the probate application. This allows time for anyone with an interest in the estate to come forward or raise concerns.
Timeframes vary with the complexity of the estate and completeness of the documentation, but for most straightforward Victorian estates 2–6 weeks from lodgement to obtaining a grant of probate is typical.
More complex estates, missing documents, challenges, or delays in gathering asset information can extend this significantly.
The full estate administration process (dealing with property, accessing superannuation and final distributions to beneficiaries) takes several months.
When is Probate required?
Whether probate is required depends on the nature and value of the deceased’s assets.
Probate is generally required when:
- The deceased owned real estate in their sole name;
- Banks will not release funds without a grant;
- Shares or investments are held solely by the deceased;
- Institutions insist on sighting the Grant of Probate before actioning requests.
Probate may not be required when:
- Assets are owned jointly (survivorship rules apply);
- Estate value is low;
- Superannuation is paid directly to a beneficiary under a binding nomination without the need to sight a grant of probate;
- Institutions agree to release small amounts without a grant.
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Because requirements vary across banks, insurers and registries, it is wise to obtain legal advice early from an experienced probate lawyer and consult with each institution.
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Why executors choose Carew Counsel
Handling an estate without guidance can be stressful, time-consuming and legally risky. Our team of experienced estate lawyers assists executors with:
- Determining whether probate is required;
- Preparing and lodging probate and administration applications;
- Managing the distribution of assets;
- Advising on disputes, claims or complexities;
- Ensuring compliance with Victorian law and minimising delays.
Our approach is compassionate, clear and efficient — supporting you through each stage of the process.
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