Victorian probate guidance
Probate and estate administration, handled with care.
When someone dies, the legal steps can feel unfamiliar and time-sensitive. Probate Lawyer helps executors, administrators and families in Victoria understand what is required, deal with estate assets, and move the administration forward.
Substantive legal content on this site is reviewed by Jim Parke, Lawyer and Chartered Accountant — last reviewed 14 September 2026.
Start here
Find the situation that matches yours
Probate questions usually come down to which of four situations you are actually in. Each leads to a different first step.
There is a will and I am the executor
You may need a grant of probate before banks, share registries or the land registry will act. Start by working out whether a grant is required at all.
Probate in VictoriaThere is no will
If a grant is required, an eligible person — usually the closest next of kin — may need to apply for letters of administration, and the Act rather than a will decides who benefits.
Letters of administrationThe grant has been made
The grant is formal evidence of authority for collecting assets, dealing with land and superannuation, tax, debts, records and distribution.
Estate administrationI want to know what I am responsible for
Executors and administrators carry real duties, and personal exposure where those duties are not met. Know them before you act.
Executor dutiesScope
What we help with
Advice on whether a grant is actually required
Grants of probate in the Supreme Court of Victoria
Letters of administration, with or without a will annexed
Estate asset collection and institution requirements
Transfer or sale of estate property
Debts, tax and estate accounts
Superannuation death benefit questions
Executor, administrator and beneficiary guidance
Process
How it works
- 1
Tell us about the estate
The situation, the people involved and any documents you already have.
- 2
We review the will, assets and documents
We identify which application is needed — or whether one is needed at all — and any early legal issues.
- 3
We prepare and file the application
The notice of intention, the affidavit and inventory, and the filing in the Supreme Court of Victoria.
- 4
We help administer the estate
Producing the grant, collecting assets, dealing with land and tax, and completing the distribution.
Content review
Legal content reviewed by Jim Parke
Jim Parke is a leading Victorian wills and estates practitioner, a lawyer, Accredited Specialist (Commercial Law) and Chartered Accountant. Mr Parke reviews the substantive legal content published on this website.
Costs and scope
Clear scope and costs before work begins.
The Supreme Court's filing fee is fixed and tiered on the gross value of the Victorian assets. Legal costs depend on the documents available, the assets involved, whether there is a will that can be admitted to probate, and whether any issues arise. We explain both before you decide whether to proceed.
Who we help
Practical support at a difficult time.
Every estate is different. We work with the people who most often need clear direction after a death — from executors dealing with paperwork for the first time, to beneficiaries who simply want to understand what happens next.
- Executors named in a will
- Next of kin where there is no will
- Family members helping an executor
- Beneficiaries seeking clarity
- People dealing with banks, property, aged care or superannuation after a death
Common questions
Where should I start after someone has died?
Start by finding out whether a grant of representation is needed at all. Locate the will, obtain the death certificate, list the assets and how they were held, and ask each bank, fund or registry whether it will require a grant. The answers determine which application, if any, is needed.
Which application applies to my situation?
Not every estate requires a grant. Where formal authority is needed to deal with the estate assets, which application to make depends on the will. If there is a will that can be admitted to probate and you are the executor named in it, the application is for a grant of probate. If there is such a will but the executor cannot or will not act, it is for letters of administration with the will annexed. If there is no will capable of admission, it is for letters of administration.
Do I need a lawyer, or can I do this myself?
The Supreme Court of Victoria says many people apply on their own and the process is often straightforward. A lawyer is worth involving where the will, the assets, the executors or the family circumstances raise questions, or where you want the administration handled rather than the paperwork alone.
Is Probate Lawyer a law firm?
Probate Lawyer is the name of this website. The site publishes general information about probate and deceased estate administration in Victoria, and the substantive legal content is reviewed by Jim Parke, Lawyer and Chartered Accountant. An enquiry reaches the published enquiry address only when you send it from your own email application.
What will it cost?
There are two separate costs: the Supreme Court's filing fee, which is fixed and tiered on the gross value of the Victorian assets, and legal costs, which depend on the work the estate needs. We explain the likely scope of work and costs before you decide whether to proceed.
How quickly can you help?
Call 134 134 or send an enquiry describing what has happened. Time limits can apply in estate matters, including for family provision claims, so if something is urgent it is better to call than to email.
Primary sources
Need help with probate or estate administration?
Tell us what has happened and we will help you identify the next legal step.