Probate in Victoria: A quick guide July 30, 2025

Use this snapshot guide to help you navigate the legal process of finalising a deceased estate 

Obtaining a grant of probate is a critical step the administration of a deceased estate (when the deceased person leaves a valid will). This guide is designed to give you an overview of the probate process in Victoria. 

What is probate?

Probate is the legal process in which a deceased person’s will is proven valid, and the Supreme Court of Victoria (the Court) permits the person’s estate to be finalised and distributed according to the will. The Court issues a “grant of probate” document to the person who has applied for probate, usually the executor.  

In what circumstances is probate necessary? 

Probate is usually necessary when asset holders (such as banks) require authorisation to give the executor access to the deceased’s assets (for example, bank accounts). If the estate is small or the assets are jointly held, it may not be necessary to apply for probate so you should speak to a lawyer to discuss whether probate is required.  

What’s involved in applying for probate?

You will need to apply to the Court with a certified copy of the death certificate and the original will to support your application. The basic steps involved in applying for probate are:

1. Locating the will
2. Identifying the assets
3. Lodging the application and supporting documents
4. Awaiting the Court’s review of the application and decision.

What about superannuation?

Superannuation isn’t part of the probate application process, because superannuation is not dealt with in a will. Instead, it can be paid:

• To the person named in the binding death benefit nomination (BDBN), or
• To the estate (to be distributed as part of the residuary estate), or 
• At the fund trustee’s discretion where there is no BDBN.  

What happens if someone contests the will? 

If someone contests the will, they have six months from the date of probate to file their application. As executor, you must wait until the end of this period before finalising and distributing the estate. Otherwise, you risk significant complications and even personal liability for any losses if a claim is brought and you have distributed the estate.  

If you find yourself in this position, seek our urgent legal advice.

The final word

We are experienced probate lawyers in Melbourne and Victoria. Contact us for advice and legal help.