The Ultimate Guide
Dealing with the passing of a loved one can be difficult – and applying for Probate in Victoria can be yet another stressful task to deal with. At Probate Consultants, we’ve put together this guide to help you and your family easily navigate how long Probate takes in VIC.
How long does Probate take in Victoria?
Probate takes between 18 – 30 days to be granted in Victoria. This is the usual timeframe for uncomplicated applications that are lodged in a timely manner. Probate Consultants guarantee the fastest turnaround times in the industry, which is currently between 16 and 20 days. This is due to our streamlined application process that ensures we lodge the application as soon as possible. Probate Application Timeline:
- Intention to apply for Probate advertised online
- Application completed and witnessed
- Application lodged with the Supreme Court
- The application can only be lodged 14 days after the advertisement was published
- Grant received within 5 days
Our innovative and highly efficient application process ensures we lodge all applications on day 15 after the advertisement is published – which is the earliest possible day given the Supreme Court’s rules.
Now that you know how long Probate takes in VIC, learn more about what Probate is and what is involved in applying for a Grant.
What is Probate in VIC?
Probate is a legal process where the Supreme Court of Victoria certifies that:
- A person has passed away (the deceased).
- The deceased left a valid Will.
- The executor(s) named in the Will have the authority to administer and finalise the deceased’s estate.
Probate is not always necessary to administer an estate – it depends upon what assets have been left behind by the deceased and the requirements of the institutions holding those assets. Many asset holders require a Grant of Probate before they will communicate with executors and allow access to the deceased’s assets.
Contact us for a Free Probate Assessment and find out whether you require Probate or not.
How long do I have to apply for Probate in Victoria?
Whilst there is no time limit when it comes to applying for Probate in Victoria, it is best to apply for Probate as soon possible when a loved one passes away. As a general rule, executors should apply for Probate and administer the estate within a year of the deceased’s passing. This is known as the ‘Executor’s Year.’
If you apply for Probate three or more years after the date of death, you will need to explain the reasons for the delay in the application.
What documents do I need for Probate in VIC?
Probate applications consist of the following documents:
- Originating Motion
- Affidavit of Executor
- Exhibit “A” – Certified copy of Death Registration
- Exhibit “B” – Original Will with Exhibit Note
- Exhibit “C” – Inventory of Assets and Liabilities
Where do I have to go to apply for Probate?
Probate in Victoria has gone digital. All applications are prepared, managed and lodged on the Supreme Court of VIC’s eFiling system RedCrest- Probate.
Before the application can be lodged, the documents must be signed in the presence of an authorised witness.
If you need to apply for Probate and are looking for a fully managed service at a fraction of the cost solicitors charge, contact us today for a Free Consultation.
What is a Grant of Probate?
A Grant of Probate is a legal document issued by the Supreme Court of VIC that validates the Will of a deceased person and is proof of an executor’s authority to deal with the estate.
All Grants of Probate in Victoria are now electronic. This means that:
- The original Grant of Probate is accessed online.
- You can provide asset holders (banks, aged care facilities and other institutions) with the Application Number and Unique Identifier that enables them to view the original Grant of Probate online.
What delays can occur when applying for Probate in Victoria?
Delays to Probate being granted are caused mainly by Requisitions and Caveats.
If there is an issue with the application and further information is required by the Probate Office, a requisition will be raised. This is a formal request for information that must often be provided by way of affidavit evidence.
You submit answers to requisitions electronically on RedCrest-Probate. If satisfied with the answers, the Probate Office will grant Probate. If not, further requisitions will follow.
Requisitions can cause significant delays to the granting of applications, especially for those applying for Probate themselves. This is because it is often difficult to understand what issues the Court has identified with the application and what answers will satisfy the requisition.
A Probate Caveat can be lodged with the Supreme Court to prevent the granting of Probate. Probate Caveats are lodged where the validity of a Will is being challenged. A person who lodges a Caveat is known as the Caveator.
If a Caveat is lodged when you are applying for Probate, or you are notified that a Caveat has already been lodged, you will need to seek legal advice. Probate will not be granted until the Caveat is removed by the Caveator, or it has expired. Probate Caveats will expire after 6 months from the date of lodgement.
Applying for Probate in Victoria can seem daunting, especially if you’ve never done it before. There are certain steps involved that have strict requirements from the Supreme Court, and when delays occur, the process can become more complicated.
Probate Consultants provide clear, practical information to ensure you’re fully informed and supported – every step of the way. We assess the needs of every individual client to ensure a bespoke service and the fastest Grant approval times possible.