How to Apply for Probate in Victoria

Probate in Victoria is a formal legal process in which the Supreme Court confirms that a will is valid and grants authority to the executor to administer the deceased's estate. The process is governed by the Administration and Probate Act 1958 and conducted through the RedCrest-Probate digital portal.

This guide covers the complete process for obtaining a Grant of Probate where there is a valid will and a willing executor. If there is no will, the process is letters of administration — covered separately at /blog/letters-of-administration-victoria.

Before You Start: Do You Actually Need Probate?

Not every Victorian estate requires a formal grant. Before investing weeks in the application, check whether you can bypass the Supreme Court entirely.

Probate is generally not required if:

• All assets were held jointly (as joint tenants) — they pass automatically to the surviving owner
• The total value of solely owned assets is under $34,310 (the 2026-2027 informal release threshold under Section 31A of the Administration and Probate Act 1958) — banks and other institutions can release these funds directly to a surviving spouse, domestic partner, or adult child without a grant
• The estate qualifies for the Small Estates Optional Service (gross value under $137,210)

Probate is mandatory if:

• Real estate was held solely by the deceased, or as tenants in common — Land Services Victoria requires a grant to transfer the title
• Major financial institutions (banks, share registries) hold solely owned assets above their internal release thresholds — CBA, NAB, and ANZ typically require a grant for accounts exceeding $50,000–$76,000; Westpac allows informal release up to approximately $100,000–$114,000

What You Need Before Starting

Gather the following before opening RedCrest-Probate:

• The original will — the Supreme Court requires the physical original; photocopies are rejected. Do not remove any staples, clips, or bindings from the will.
• A certified death certificate package from BDM Victoria (standard certificate plus cause-of-death certificate; $93.30)
• Proof of your identity as the named executor
• Account statements and asset valuations for every solely owned asset as at the date of death
• Real estate valuations (market value, not net of mortgage)
• A list of all debts and liabilities

Having clean, exact figures for assets matters because the Supreme Court filing fee is based on gross Victorian asset value, and because any discrepancy between the figures in your application and the actual asset values can trigger a court requisition.

Step 1: Register on RedCrest-Probate

Go to redcrest.com.au/probate and create an account using a personal email address that you will have access to throughout the entire process. Every login requires a two-factor authentication code sent to this email. If you use a work email, you risk losing access mid-application.

Step 2: Publish the Notice of Intention

The first formal step inside RedCrest is completing a short questionnaire that generates your Notice of Intention to Apply — the public advertisement giving creditors and potential challengers the opportunity to come forward.

Review the advertisement text extremely carefully before submitting payment:

• The deceased's full name must exactly match the death certificate (letter for letter, including middle names)
• The deceased's name must also exactly match the will
• If there is a discrepancy (e.g., "John Robert Smith" in the will versus "John R. Smith" on the death certificate), you will need to add an "also known as" clause — do this now, not after the Court finds it

Pay the advertising fee ($35.90 to $49.00). Once published, the mandatory 15-day waiting period begins. The portal blocks submission of the substantive application until these 15 clear days have elapsed.

Step 3: Compile the Inventory of Assets and Liabilities

During the 15 days, complete the Inventory inside RedCrest. Enter exact figures for:

• All bank and savings accounts (by institution and account number)
• Real estate (gross market value — the full property value, not the equity after mortgage)
• Shares and managed funds (closing price on date of death)
• Life insurance payable to the estate (not to named beneficiaries directly)
• Vehicles and personal property of significant value
• Outstanding debts, mortgages, credit cards, and personal loans

The net estate value (assets minus liabilities) determines what beneficiaries ultimately receive. The gross value (assets only) determines the Supreme Court filing fee. Both figures appear in the inventory.

If the estate includes a taxation obligation — income earned by the estate above the tax-free threshold during the administration period — the executor will need a Trust Tax File Number. This is a separate ATO registration from the deceased's personal TFN. Engage an accountant to manage final personal tax returns and any ongoing estate trust returns.

Step 4: Sign Documents with an Authorised Witness

Once the 15 days have passed and the inventory is complete, RedCrest generates a PDF document package:

• Affidavit in Support of Application for Probate
• Inventory of Assets and Liabilities
• Certificates Identifying Exhibits (one each for the will, the death certificate, and the inventory)

Print all documents. Do not sign them yet. Take the printed documents, the original will, and the original death certificate to an authorised witness: a Justice of the Peace, a serving police officer, or an Australian legal practitioner.

In the witness's physical presence:

1. Sign the Affidavit
2. Sign each Certificate Identifying Exhibits
3. Have the witness sign each document
4. Have the witness sign the back page of the original will to formally identify it as the exhibit referenced in the affidavit

Critical: Do not remove the staples from the original will to flatten it for signing. If the Court receives the will with staple holes, it assumes additional pages may have been removed — and requires a sworn Affidavit of Plight and Condition before proceeding. This can add weeks and often requires legal assistance.

Justices of the Peace are available at most local courthouses and many public libraries. Many are available without an appointment.

Step 5: Upload Documents and Pay the Filing Fee

Scan the signed documents at high quality and upload each one to the corresponding section in RedCrest. The system calculates and displays the filing fee based on your declared inventory total.

Pay the fee through the portal's payment gateway. The application is now submitted digitally.

Step 6: Post the Physical Documents — Do Not Skip This

RedCrest generates one final document after digital submission: the Originating Motion. Print it.

Mail the following to the Probate Office — Supreme Court of Victoria, 210 William Street, Melbourne VIC 3000 — via registered post:

• The Originating Motion (printed from RedCrest after digital submission)
• The original will (not a copy)
• The original Certificates Identifying Exhibits

The Court will not begin reviewing your digital application until these physical documents arrive. Losing the original will at this stage is catastrophic — there is no recovery path that does not involve extensive court proceedings. Use registered post and keep the tracking receipt.

Step 7: Court Review and Grant of Probate

Once the physical documents arrive, a registrar reviews the application. If everything is in order, the Grant of Probate is typically issued within 5 to 10 working days. The grant is issued electronically — Victoria no longer issues paper parchment grants as standard.

If the Court identifies an issue, it issues a formal requisition — a written notice requiring you to correct the error. Common requisitions: name mismatches requiring an Affidavit of Identity; staple marks requiring an Affidavit of Plight; missing exhibits. Each requisition adds weeks to the timeline.

What Happens After the Grant of Probate

With the Grant of Probate in hand:

• Banks: Submit certified copies of the grant and death certificate to each institution to unfreeze accounts. Most major banks process these within 2 to 4 weeks.
• Real estate: Engage a licensed conveyancer or property solicitor to lodge a Transmission Application (Section 49 of the Transfer of Land Act 1958) through PEXA.
• Shares and investment accounts: Contact the share registry or fund manager with certified copies of the grant.
• 6-month hold: Wait 6 months from the date the grant was issued before distributing assets. Eligible family members can file family provision claims during this window. Distributing early creates personal liability for the executor.

The Grant of Probate is the legal foundation for all subsequent estate administration. With it, you have formal authority to gather, manage, and ultimately distribute the estate's assets in accordance with the will.

The Victoria Probate Process Guide provides the complete document checklist, inventory templates, and step-by-step RedCrest portal walkthrough to take you from first login to final distribution.

See more Victoria guides →