DIY Probate Victoria: How to Apply Without a Lawyer

Victorian solicitors charge $3,000 to $8,000 for a straightforward probate application. On top of that, the Supreme Court's own filing fees start at $514 for estates between $250,000 and $500,000 — and climb steeply from there.

For a simple estate — one will, clear beneficiaries, no disputes — many executors handle probate themselves. Victoria's system is more digitised than most states, which makes the process navigable without a lawyer if you're methodical about it.

Here's what DIY probate actually involves.

When DIY Probate Makes Sense

Self-representation works well when:

• The will is clear and unambiguous
• All beneficiaries are adults and cooperative
• The assets are straightforward (bank accounts, one property, super)
• There's no family provision claim risk (no disinherited spouse, child, or dependent)
• The estate isn't insolvent (debts don't exceed assets)

It gets risky when the will has unusual clauses, there's a testamentary trust, beneficiaries are in dispute, or someone eligible under Part IV of the Administration and Probate Act 1958 has been left out. In those cases, a solicitor's involvement protects you from personal liability.

Step 1: Gather Your Documents

Before touching RedCrest, assemble everything:

• Original will and any codicils — photocopies won't be accepted. Don't remove staples or alter the document in any way. Unexplained staple holes trigger a Court requisition demanding a sworn explanation.
• Death Certificate (Cause of Death version) from BDM Victoria — the standard certificate isn't sufficient for the Court. Budget approximately $93.30 for the certificate package.
• Asset inventory — contact every bank, super fund, and share registry for date-of-death balances. This forms the Inventory of Assets and Liabilities.
• Debt summary — mortgages, personal loans, credit cards, outstanding bills.

Step 2: Publish the POAS Notice

The first formal step is publishing a Notice of Intention to Apply on the Probate Online Advertising System (POAS), accessible through the Supreme Court of Victoria's website.

The notice costs approximately $36 to $38 (indexed annually). After publication, you must wait exactly 14 days before filing the probate application. The RedCrest system enforces this programmatically — it will reject your application if the waiting period hasn't elapsed.

This notice gives creditors and potential claimants the opportunity to come forward before probate is granted.

Step 3: File via RedCrest

Victoria's Supreme Court requires all probate applications to be lodged through the RedCrest-Probate eFiling portal. There are no paper application forms.

The portal walks you through an online questionnaire that generates two key documents:

• Originating Motion — the formal court application
• Inventory of Assets and Liabilities — a detailed list of everything in the estate

You'll also need to prepare a sworn Affidavit. The affidavit must be sworn or affirmed in the presence of an authorised witness (a solicitor, Justice of the Peace, pharmacist, or police officer). This is the one step you can't do entirely online.

Upload the scanned affidavit, the certified death certificate, and the will to RedCrest. Pay the filing fee by credit or debit card.

Step 4: Mail the Originals

Within 28 days of the online submission, you must physically post the following to the Registrar of Probates via registered mail:

• The original will (and any codicils)
• The printed Originating Motion
• Any other original documents referenced in the application

Missing this 28-day window stalls or voids your application. Use registered post and keep the tracking receipt.

Step 5: Wait for the Grant

Processing times vary from four to twelve weeks, depending on the Court's workload and whether your application triggers a requisition.

Requisitions are formal queries from the Court reviewer — usually about inconsistencies in the affidavit, condition of the will, or missing information. If you receive one, you must file an amended affidavit via RedCrest addressing the specific issues raised. Delays in responding halt the entire process.

Once satisfied, the Court issues a sealed Grant of Probate — either mailed to you or available for collection.

The Small Estates Service

If the gross estate value falls below the annual statutory threshold (approximately $133,090 for 2025/2026), the Supreme Court's Probate Office offers a Small Estates Service. Staff assist with application preparation for a service fee of approximately $277, plus the $37 POAS advertising fee.

This is the most affordable professional help available for smaller estates, and it's worth considering if the RedCrest questionnaire feels overwhelming.

Filing Fees

Current fees (indexed annually on 1 July based on the fee unit value of $17.27):

Common DIY Mistakes

Swearing the affidavit incorrectly. The witness must be authorised and must see you sign. An improperly witnessed affidavit means redoing it and filing an amended version via RedCrest.

Forgetting to mail the originals. The online filing is only half the process. The 28-day mailing deadline is strict.

Not ordering enough death certificates. You'll need one for the Court, one for the bank, and ideally one or two spares. Requesting additional copies later adds weeks.

Distributing assets too early. Under Part IV of the Administration and Probate Act 1958, eligible persons have six months from the Grant of Probate to contest the will. Distributing before this window closes exposes you to personal liability if a successful claim is made.

The Victoria Estate Settlement Guide covers the complete estate settlement sequence — not just probate, but bank account releases, property transfers through SERV, stamp duty exemptions, and the 6-month distribution rule — with every deadline and threshold mapped chronologically.

See more Victoria guides →