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When someone dies in Melbourne, Victoria, the Executor to the Will of the deceased person must manage the estate, including its distribution.

The Will’s Executor is only permitted to access and divide up the estate once Probate has been issued by the Supreme Court of Victoria.

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Documents required to apply for Probate 

The documents required to file for a Grant of Probate will depend on the deceased’s estate; however, the following will be required as a general guide.

  • Original Will, and any Codicils;
  • Certified copy of the Death Certificate;
  • Inventory of Assets and Liabilities;
  • Affidavit of Publication of Notice and Searches;
  • Affidavit of Executor;
  • Order of the Registrar;
  • Originating Motion for a Grant of Probate;
  • How to file a Grant of Probate in Victoria

In Victoria, to apply for a Grant of Probate, you must be named as the Executor of the Will and over the age of 18.

 

To file for Probate, there are a few key steps;

1. Publish your Notice of Intention to apply for a Grant of Probate. You must wait at least 14 days for any of the deceased’s creditors or other relevant parties to file an objection if they believe that they have a claim to the estate.

2. Complete your application to apply for Probate

3. File your application with the Supreme Court of Victoria Probate Office

 

How much does applying for Probate ?

There are several costs associated with a grant of Probate in Melbourne, Victoria. These include:

  • A fee to advertise the intent to apply for Probate
  • A fee for filing your application with the Probate Office

The fees applicable are determined by the Probate Office and are based on the estate’s size and value.

Some people may also choose to engage in the services of a lawyer or legal services to assist with applying for a Grant of Probate as this process can be time-consuming and challenging to navigate. These services may assist in collating, and filling out documentation, guiding you through legal processes, advertising the intent to file or filling the documentation with the Court.

 

How long does it take to apply?

Once the notice to apply has been published for at least 14 days, a Grant of Probate application can be filed.

After the application for a Grant of Probate has been filed with the Court, it will take approximately eight weeks to obtain a Grant of Probate (depending on the Courts backlog of applications and whether any requisitions are received from the Court).

If you have any other questions or want to find out more you can book a free no obligation consultation with our expert estate planning lawyers here.

Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice.

 

Need an Estate Planning Lawyer?

We understand you’ve got a lot to deal with right now – especially if you’re responsible for managing the affairs of your loved one.

When the funeral is over, you may need to apply for the right to deal with your loved one’s estate: their property, money and possessions. Let us help.

We can connect you with probate and estate planning experts to help you organise your estate and create the legal documents to protect you and your loved ones should you fall ill or pass away unexpectedly.

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About eziFunerals

eziFunerals supports individuals and families cope with end of life decisions, death and funerals. We are an independent, Australian-owned and operated company. We are not part of any other funeral company.

Our member Funeral Directors operate in Sydney, Melbourne, Brisbane, Perth, Adelaide and Australia wide. They are chosen for their knowledge, quality, service, personalisation and experience. They go above and beyond, and will take the time to support the family.

For more information or to make contact with a trusted Independent funeral director, call eziFunerals on 1300 236 402 or visit www.ezifunerals.com.au.