Introduction – Why Probate Matters

When a loved one passes away in Victoria, one of the first legal processes families may encounter is probate. It’s a word that often causes confusion, stress, and even delays in managing a loved one’s estate.

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At eziFunerals, we understand how overwhelming this can feel. This guide explains what probate is, when it’s needed, how to apply in Victoria, and alternatives that may simplify the process.

What is Probate?

Probate is the Supreme Court of Victoria’s official recognition that a will is valid and that the executor has the legal authority to manage the deceased’s estate.

Probate allows the executor to:

  • Access bank accounts.
  • Transfer or sell property.
  • Distribute assets to beneficiaries.
  • Manage debts and outstanding bills.

When is Probate Required in Victoria?

Probate is usually needed if:

  • The deceased owned property in their sole name.
  • Banks, superannuation funds, or insurance companies request it.
  • The estate includes significant assets or investments.

Probate may not be necessary if:

  • The estate is small.
  • Assets were jointly owned (they automatically pass to the surviving owner).
  • Institutions release funds without requiring probate.

Who Can Apply for Probate in Victoria?

Only the executor named in the will can apply. If there is no will, a similar process called letters of administration must be sought by the next of kin.

The Probate Application Process in Victoria

Gather documents

  • The original will.
  • Original death certificate.
  • Inventory of assets and liabilities.

Publish a notice of intention

  • Before applying, executors must publish a notice on the Probate Online Advertising System (POAS) at least 14 days in advance.

Lodge the application

  • Submit the application online via the Supreme Court of Victoria’s RedCrest Probate System.
  • Pay the filing fee (varies depending on estate value).

Wait for review

  • The court will review documents, and if satisfied, grant probate.

How Much Does Probate Cost in Victoria?

Filing fees (2025 rates):

  • Estates valued under $500,000: approx. $65
  • $500,000–$1M: approx. $350
  • $1M–$5M: approx. $600
  • Over $5M: approx. $1,200

Legal fees: If hiring a solicitor, costs can range from $2,000–$6,000 depending on complexity.

How Long Does Probate Take in Victoria?

On average:

  • Simple estates: 4–8 weeks after submission.
  • Complex estates: 3–6 months, or longer if disputes arise.

Common Issues With Probate in Victoria

  • Disputes over the will (contesting or challenging).
  • Delays in documentation (missing death certificate, unclear assets).
  • Executor responsibilities — managing estates can be stressful without support.

Alternatives to Probate

In some cases, probate may not be required. Options include:

  • Small estates – Banks may release funds under a certain threshold.
  • Joint ownership – Property passes automatically to the surviving joint tenant.
  • Superannuation death benefits – Sometimes released directly to dependants.

How eziFunerals Helps Families in Victoria

We’re not lawyers, but we work alongside families and independent funeral directors to ensure the funeral and estate planning process is less stressful.

We help you:

👉 Get a Quote to find trusted funeral directors near you.

FAQs – Probate in Victoria

Q: Is probate always required in Victoria?

A: No. It depends on the size and nature of the estate.

Q: How long does probate take?

A: Most applications are finalised within 4–8 weeks if straightforward.

Q: How much does probate cost?

A: Filing fees range from $65 to $1,200, depending on estate value. Legal fees are extra.

Q: What if there is no will?

A: The next of kin must apply for letters of administration.

Q: Can I apply for probate without a lawyer?

A: Yes, executors can apply directly, but many prefer professional assistance.

Final Thoughts

Probate in Victoria is a critical legal step in managing a loved one’s estate, but it doesn’t have to be confusing. With the right guidance and resources, executors can manage the process efficiently.

At eziFunerals, we provide support to families dealing with both funeral arrangements and estate responsibilities, helping you move forward with confidence.

👉 Plan with ease – Get a Quote today to connect with local, independent funeral directors.

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Peter

Peter Erceg is the Founder and Owner of eziFunerals — Australia’s Independent Funeral Planning Authority. With more than 40 years of experience in government and public health, Peter has become one of the country’s leading voices on funeral transparency, consumer rights, and ethical funeral practices. Through eziFunerals, Peter has built a national platform that empowers Australian families to make informed end-of-life decisions — free from pressure, commissions, and confusion. His goal is simple: "to help every Australian plan smarter, save money, and choose funeral services with confidence." 🕊 eziFunerals was founded by Peter in 2011, as an independent funeral comparison and planning platform that allows consumers to: • Compare local funeral directors and transparent quotes, • Understand real funeral costs across Australia, and • Connect with trusted, independent funeral homes that uphold the Fair Funeral Promise. As Australia’s Independent Funeral Planning Authority, eziFunerals is recognised by media, consumers, and funeral professionals for its leadership in price transparency and consumer protection. “We believe every family deserves a fair, dignified, and affordable farewell — without hidden fees or sales pressure.” 📘 Peter is the author of What Kind of Funeral: A Self-Help Guide to Planning a Meaningful Funeral, a practical guide that has helped thousands of Australians understand their options and avoid unnecessary costs. He regularly contributes articles and commentary on: • Funeral cost transparency and industry reform, • Prepaid funerals and consumer protection, • Emerging trends in eco-friendly and digital memorials, and • The role of AI and technology in end-of-life planning. 🎙 Peter and eziFunerals have been featured in major Australian media outlets including ABC News. His insights continue to shape the national conversation on funeral costs, consumer rights, and ethical practices in the funeral industry. ⚖️ Disclaimer: The views and opinions expressed by Peter Erceg are his own and do not necessarily reflect those of eziFunerals or its members. The information provided on this site is general in nature and should not be taken as personal, legal, or financial advice. Consumers are encouraged to conduct their own research and compare funeral services that best meet their needs and circumstances.