We have experience handling thousands of Probate applications and have streamlined the process for all estates, from the simplest to the most complex cases.
The Supreme Court of Victoria can take between 2 and 6 weeks to assess probate applications in Victoria, depending on workloads and the complexity of the application.
It is important to note however that as of 1 July 2020 the Supreme Court of Victoria has transitioned to a completely new way of assessing applications, digitally. This is unprecedented and may result in additional delays.
Before the application is processed however, it is necessary that a notice of an intended application (advertisement) is published on the Probate Online Advertising System of the Supreme Court of Victoria’s website. 15 days must lapse before the probate application is lodged.
The general rule of the 'executor's year' means that executors should administer an estate within a year of the deceased’s passing. There is precedent for beneficiaries to claim interest from the executor personally if their bequests have not been transferred to them within the ‘executor’s year’.
Due to the potential for delays in the probate application process, especially in light of the Supreme Court of Victoria’s transition to digital probate, it is best to apply for probate as soon as the death occurs.
If you are experiencing time-pressure with your application, contact us immediately to discuss an expediting application.. Simply write us a message here, or call us on (02) 9197 0988.
Unfortunately, wills can be kept anywhere and there is no central register in Victoria or in Australia generally.
Often, the will-drafting solicitor will hold either the original last will or a copy of it. Banks and accountants may also hold a copy.
It is important to conduct a thorough search of the personal documents of a deceased person. Failure to locate an original will can significantly delay the administration of a deceased estate.
You will not be able to get the Grant of Probate in VIC.
However, “Letters of Administration” can be obtained in cases where no will was left. Letters of Administration in Victoria are issued by the Supreme Court of Victoria and allow the nominated administrators similar powers to executors obtaining probate in Victoria.
Read about Letters of Administration or write us a message here.
Oftens will makers draft provisions allowing their named executors extra entitlements for the “pains and troubles” associated with this task. If no provisions were left in the will you are administering you should have a read about Executor's Commission here.