What Is Probate and When Is It Required in Victoria?

When someone passes away in Victoria, there are a number of legal and administrative steps that need to be completed before their assets can be distributed. One of the most common terms people come across during this time is “probate”.

What Is Probate?

Probate is the process where the Supreme Court of Victoria confirms that a Will is valid and formally appoints the executor named in the Will. Once granted, probate gives the executor the legal authority to carry out the deceased person’s wishes.

Banks, government departments, share registries and other organisations may require a grant of probate before they will release funds or transfer assets. For real estate, the grant allows the executor to sign the necessary documents so the property can be transferred. Superannuation funds may also ask for probate if the benefit is being paid to the estate rather than directly to a nominated beneficiary.

Understanding the Estate

After probate is granted, the executor can begin administering the estate. The “estate” includes everything the person owned in their personal name at the time of their death — such as real estate, bank accounts, investments and personal belongings. The executor’s role is to collect these assets, pay any outstanding debts, and then distribute what remains to the beneficiaries named in the Will.

When Probate Is Usually Required

Probate is commonly required when the deceased:

• owned real estate in their personal name.

• held significant funds in bank accounts.

• had shares or investments that require formal authority to transfer.

Most financial institutions have their own thresholds and will only release larger amounts once probate has been granted. Superannuation funds may also ask for probate if the benefit is being paid to the estate.

When Probate May Not Be Needed

Not every estate requires probate. Some assets pass automatically without court involvement. For example:

• jointly owned property or bank accounts usually transfer directly to the surviving owner.

• superannuation and life insurance may be paid directly to a nominated beneficiary.

• small estates may be able to access funds without probate, depending on each institution’s internal policies.

In these situations, the executor may be able to administer the estate without making a court application.

What If There Is No Will?

If someone dies without a valid Will, probate cannot be granted because there is no Will for the court to confirm. Instead, an application for Letters of Administration may be required. This is a similar process, but the court appoints someone to manage the estate. The estate is then distributed according to Victorian law rather than personal wishes.

How Long Does Probate Take?

In Victoria, the probate process can vary depending on the complexity of the estate and whether any issues arise. While it is possible to apply without legal assistance, many people choose to work with a wills and estates lawyer to help ensure the application is prepared correctly and to reduce the risk of delays.

Final Thoughts

Every estate is different, and whether probate is required will depend on how the assets are held and the individual circumstances. When you are managing the affairs of someone who has passed, it can be helpful to speak with a professional who can guide you through the next steps based on the situation.