In Victoria, probate is a legal process where the Supreme Court of Victoria officially recognises a deceased person’s will as valid. It formally confirms the appointment of the executor named in the will, granting them the legal authority to manage and distribute the estate’s assets.
A grant is typically required before banks, share registries, before Land Victoria will allow the transfer of real property. If there is no valid will, a family member must instead apply for Letters of Administration.
The application process involves:
- Advertising: Publishing a notice of intent on the Probate Online Advertising System (POAS) at least 14 days before applying.
- Filing: Submitting documents electronically via RedCrest Probate, including the original will and an inventory of assets and liabilities.
- Distribution: Once granted, the executor can pay debts and distribute the remaining estate to beneficiaries.
Note that eligible persons have six months from the grant date to contest the will.