What Is Probate and How Long Does It Take in Victoria?
with Alison Mitchell, Principal Lawyer at Whyte, Just & Moore
If someone close to you has recently passed away and you’ve been named as executor of their estate, chances are you’ve heard the word probate.
‘A lot of people come in to talk to us after someone’s died, and have no idea what probate is,’ says Alison Mitchell, Wills & Estates Lawyer at Whyte, Just & Moore. ‘They’ll come in with an idea of what they think it is from talking to friends or neighbours, and find it’s quite different.’
This article clears up what ‘probate’ means and what it involves, including timelines and costs.
Quick summary
- What is probate? A court-issued document that proves a will is valid and authorises the executor to act.
- How long does it take? Generally 8 to 12 weeks from your first appointment with a probate lawyer.
- What does it cost? Court filing fees range from nil to $17,297.50 depending on the estate’s value, plus legal fees. All costs are paid from the estate.
What is probate?
Probate is the legal process that validates a deceased person’s will and gives the executor the authority to carry out the willmaker’s wishes. In practical terms, it’s a document (a Grant of Probate) issued by the Supreme Court of Victoria.
Once the Grant of Probate is issued, the executor has the legal authority to act on behalf of the estate. This means they can collect assets, pay outstanding debts, and distribute what remains to the beneficiaries.
‘Sometimes people say, “That sounds expensive; can’t we just go to the local Magistrates’ Court?”’ says Alison. ‘The simple answer is no. The only place you can obtain a Grant of Probate is the Supreme Court.’
Does every estate require probate?
Not every estate requires probate. Whether probate is required depends largely on what assets the deceased held and what their asset holders require before releasing funds.
If the deceased owned real estate in Victoria, probate will always be required. Similarly, if they paid a Refundable Accommodation Deposit (RAD) to a nursing home facility, probate is compulsory before that deposit can be returned to the estate.
For bank accounts, it depends on the balance and the individual bank’s threshold. Some banks will release funds without probate up to $80,000; others up to $100,000. A small estate with a modest bank balance, no property, and no shares may not require probate at all.
How does the probate process work? – step by step
The process involves several stages, each with its own timeline.
Step 1: Advertise the intention to apply for probate
Before lodging anything with the court, the executor must publish a notice of intention to apply for probate. This was once placed in the local newspaper; today it’s done electronically through the Supreme Court’s RedCrest-Probate system.
The notice must remain published for at least 14 days before the application can be lodged. Its purpose is to allow anyone who holds a more recent will, or has grounds to object to the choice of executor, to come forward.
Step 2: Gather asset information
During that 14-day window, your lawyer will write to all known asset holders (banks, share registries, superannuation funds, nursing homes) to confirm what assets existed at the date of death and their values.
This is often the step that takes the most time, particularly when assets are numerous or their full extent is unknown.
Step 3: Prepare and lodge the application
The core documents include an Affidavit of Executor (sworn evidence about the willmaker, the will, and the executor’s relationship to them), an Inventory of Assets and Liabilities as at the date of death, the original will, and a certified copy of the death certificate.
These are lodged together with the Supreme Court.
Step 4: The court assesses the application.
A Registrar reviews the application to confirm that the will appears valid, properly executed, and unaltered. They check that nothing on the death certificate raises questions about the willmaker’s capacity at the time the will was made.
If anything requires clarification (a question about witnesses, alterations to the document, or a medical notation on the death certificate), the court will issue a requisition (a formal request for further information) rather than reject the application outright.
How long does probate take?
In straightforward cases, it’s usually about 8 to 12 weeks after receiving the death certificate from Births, Deaths and Marriages before you receive the Grant of Probate. This accounts for the 14-day advertising period, time for asset holders to respond, document preparation, and the court’s assessment period of approximately three to four weeks.
What can cause delays?
Things that can extend the timeline include:
- complex or unknown assets
- disagreements between multiple executors
- questions raised by the court about the will’s validity
- gaps in medical records where capacity is a concern
The more information an executor can bring to that first meeting, the smoother and faster the process tends to be.
Allow 6 months before distributing assets
One important distinction: people sometimes confuse the time it takes to obtain probate with the time it takes to finalise an estate.
Executors should wait six months after the Grant of Probate before distributing assets, to allow any will challenge timeframe to pass. It is the executor, not the beneficiaries, who is personally liable if assets are distributed and a successful challenge follows.
What does probate cost in Victoria?
Probate costs have two components: the court’s filing fee and your legal fees.
Court filing fees (effective 1 July 2025)
The filing fee is calculated on the value of the Victorian assets in the estate. These fees increased significantly in late 2024, by approximately 650% across most brackets.
| Value of Victorian Assets | Filing Fee |
| Under $250,000 | Nil |
| $250,000 – $499,999.99 | $529.50 |
| $500,000 – $999,999.99 | $1,059.00 |
| $1,000,000 – $1,999,999.99 | $2,471.10 |
| $2,000,000 – $2,999,999.99 | $4,942.10 |
| $3,000,000 – $4,999,999.99 | $7,396.40 |
| $5,000,000 – $6,999,999.99 | $12,355.40 |
| $7,000,000 and above | $17,297.50 |
For the full fee schedule, refer to the Supreme Court of Victoria Probate Office fees.
All costs, including filing fees and legal fees, are paid from the estate.
What should you do if you’re an executor?
If you’ve been named executor and someone has recently passed away, the most important first step is to get legal advice.
Every estate is different, and as Alison puts it: ‘Being an executor is an honour, but it comes with a lot of responsibilities. It’s important to get proper advice so you’re making informed decisions.’
Come as prepared as you can to your first appointment. If you have access to information about the deceased’s assets (bank statements, property titles, investment accounts), bring it.
If not, that’s okay too. A good probate lawyer will help you work through what needs to be found and how.
Contact Whyte, Just & Moore – probate lawyers in Geelong
At Whyte Just and Moore, our Wills and Estates team guides executors through every stage of the probate process, from that first conversation to the final distribution of the estate. Get in touch with our team today.
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