Grant of Probate and
Letters of Administration

A Grant of Probate is issued by the Supreme Court of Victoria to an executor named in a valid Will. It confirms the executor’s authority to collect estate assets, pay debts and distribute the estate according to the Will.

If you have been appointed as an executor, you may be unsure where to begin. We can review the Will and the estate’s assets, explain whether probate is required and assist with the application.

Letters of Administration appoint someone to administer an estate where there is no valid Will. The administrator distributes the estate under the applicable intestacy laws, which determine who is entitled to inherit.

Where there is a valid Will but no executor available to apply, Letters of Administration with the Will annexed may be required. The administrator then distributes the estate according to the Will.

The appropriate applicant depends on the circumstances. We can advise who should apply, identify the correct grant and explain what the role involves.

Whether a grant is needed depends on the estate’s assets, how they are owned and the requirements of the organisations holding them.

A grant will generally be required where the deceased owned Victorian real estate solely or as a tenant in common. Some jointly owned assets can pass to the surviving owner without a grant.

Banks, share registries and aged care providers may require a grant before releasing funds, transferring shares or refunding a Refundable Accommodation Deposit (RAD). Requirements vary, and there is no single bank balance threshold that applies to every estate.

Superannuation also needs separate consideration because a death benefit may be paid directly to a beneficiary or to the estate.

The Supreme Court provides guidance on when a grant of probate or administration is required.

We can help establish which assets require a grant and what information the relevant organisations need.

Applications for probate and Letters of Administration are made to the Supreme Court of Victoria through its RedCrest-Probate system.

The process generally involves:

1. Confirming whether a grant is needed and identifying the appropriate applicant.
2. Gathering information about the deceased, the Will and the estate.
3. Publishing notice of the intention to apply.
4. Preparing and signing the required application documents.
5. Filing the application and responding to any requests from the Court.

Further procedural information is available in the Supreme Court’s guide to applying for probate or administration.

We can prepare and manage the application on your behalf, including matters requiring additional evidence or explanation. Throughout the process, we explain what is required from you and the next steps.

Useful documents and information include:

• the original Will and any codicils, if there are any;
• the death certificate;
• details of the deceased’s assets and debts; and
• details of executors and beneficiaries.

Additional information may be needed depending on the estate and the type of application.

You do not need to have everything ready before contacting us. If documents are missing or you are unsure what the estate includes, we can help identify what needs to be gathered.

The timeframe depends on the application, the availability of documents and whether the Court requires further information. Missing documents, questions about the Will or disputes can add time.

Obtaining a grant is separate from completing the estate administration. Collecting assets, finalising debts and tax matters, and arranging distribution may take longer.

We can explain the likely stages and identify issues that may affect progress, helping you understand what to expect.

A reseal allows an eligible Grant of Probate or Letters of Administration issued in another state, territory or country to be recognised by the Supreme Court of Victoria so it can be used to deal with Victorian assets.

Not every overseas grant can be resealed. Where resealing is unavailable, a fresh grant may be needed.

If an estate includes assets in more than one jurisdiction, we can assess the existing grant and advise on the appropriate application. We also assist with grants and reseals in other Australian jurisdictions.

The Supreme Court’s guidance on resealing grants explains the Victorian requirements.

Estate administration involves collecting and managing assets, paying liabilities and distributing the estate to the people entitled.

Depending on the estate, this can include:

• identifying, collecting and valuing assets;
• paying debts and estate expenses;
• addressing tax matters;
• managing, selling or transferring property;
• distributing assets to beneficiaries; and
• keeping records of the administration.

A grant does not mean the estate is ready for immediate distribution. Outstanding liabilities, potential claims and other legal requirements need to be considered first.

We can assist with the administration as a whole or provide advice on particular responsibilities. This may include explaining the Will’s provisions, dealing with overseas beneficiaries or addressing unexpected complications.

Our podcast on an executor’s role explores the responsibilities and practical issues executors may encounter.

Some executors and administrators need help with the grant application, while others prefer assistance throughout the estate administration. We can discuss the level of support that suits you.

Our services include:

• applications for probate and Letters of Administration across Australia;
• applications to reseal interstate and overseas grants;
• assistance with collecting, managing and distributing estate assets;
• advice to executors, administrators and trustees; and
• advice on complications or disputes arising during administration.