Applying for Probate in Victoria: A Step-by-Step Guide | Craigieburn Lawyers
Dealing with the estate of a loved one can be overwhelming, especially when legal and financial matters arise shortly after their passing. One of the most common questions we receive at Craigieburn Lawyers is: "Do I need to apply for probate?" This blog explains what probate is, when it is required, and how our team helps clients across Craigieburn and Melbourne’s north navigate the process.
What Is Probate?
Probate is a legal process where the Supreme Court of Victoria formally recognises the validity of a deceased person’s Will and authorises the executor to administer the estate. The document issued by the Court is known as a Grant of Probate.
If there is no Will, the process is different and called Letters of Administration. This grant is made to the next of kin or another eligible person who takes on the role of administrator.
Without this grant, many institutions such as banks, share registries, and government bodies may not release funds or deal with the estate. Probate gives the executor the legal power to act.
When Is Probate Required?
Probate is usually required when:
The deceased owned real estate in their sole name
The deceased held bank accounts or investments over a certain threshold
Share registries or superannuation funds require a Grant
The Will names an executor who needs legal authority to act
If the estate is small or assets are jointly held (e.g. a home held with a spouse), probate may not be necessary. We can advise whether an application is required in your specific situation.
We often liaise directly with banks and institutions to determine their specific requirements and thresholds, which vary depending on the asset holder. Each estate is unique, so it is important not to assume probate is always required.
The Probate Process in Victoria
At Craigieburn Lawyers, we guide clients through the following steps:
1. Review the Will
We start by reviewing the original Will to confirm its validity, check for any unusual clauses, and identify the named executor(s). If the Will is informal or unsigned, further steps may be needed.
2. Gather Information
We assist the executor in collecting all relevant details about the estate, including:
Real property holdings
Bank accounts
Superannuation and life insurance
Shares and investments
Debts and liabilities
3. Publish Notice of Intention
A Notice of Intention to Apply for Probate must be published on the Supreme Court website at least 14 days before filing the application. This allows any interested party to object, such as someone contesting the Will.
4. File the Application
We prepare the probate application and supporting affidavit and lodge it online with the Supreme Court. The Court will then assess the documents and, if satisfied, issue the Grant.
5. Administer the Estate
Once probate is granted, the executor can:
Access bank accounts and close them
Sell or transfer real estate
Pay outstanding debts
Distribute the estate according to the Will
We also assist in preparing Estate Distribution Reports and receipts to ensure all steps are properly documented.
How Long Does Probate Take in Victoria?
Most straightforward applications take between 4 to 6 weeks from the time the application is lodged. However, delays may occur if:
The Will is contested
The Will is informal or handwritten
The Court requires additional evidence or corrections
Executors cannot be located or are overseas
We work proactively to ensure all documents are properly prepared and submitted to minimise delays. Where appropriate, we follow up with the Probate Office to expedite progress.
Common Issues We Assist With
Some estates involve complications that require careful legal advice. We regularly help clients with:
Missing or damaged Wills
Multiple executors unable to agree
Disputes about the validity of the Will
Executors living overseas
Delays in locating beneficiaries
Estate debts exceeding available assets
We also act for beneficiaries who want advice on their rights and entitlements under a Will. Beneficiaries may also need guidance on whether to accept specific gifts or request further information from the executor.
In more complex matters, we may work alongside accountants, financial advisors, or litigation counsel to address tax issues, capital gains, superannuation claims, or potential challenges to the Will.
What to Expect in Your Consultation
When you meet with Craigieburn Lawyers for a probate consultation, we aim to make the process as clear and stress-free as possible. During your appointment, we will:
Review the original Will and any relevant documents
Discuss the circumstances of the deceased and the structure of the estate
Identify whether probate is required based on the assets involved
Outline the steps and likely timeline involved
Provide a clear cost estimate and answer any initial questions
We also provide practical advice about what to do immediately after someone passes away, including dealing with banks, funeral homes, Centrelink, and property matters.
You will leave the consultation with a clear understanding of your obligations as executor and a roadmap of what happens next.
Fixed-Fee Probate Services
At Craigieburn Lawyers, we offer fixed-fee options for standard probate applications. We believe in transparent pricing so you can focus on your family, not legal costs.
For complex or contested matters, we provide a tailored cost estimate based on the scope of work involved. We are upfront about costs and provide updates throughout the process.
We also offer flexible appointment times, including phone and video consultations, for clients who are busy or located outside of Craigieburn.
Why Choose Craigieburn Lawyers?
Our probate team is local, experienced, and understanding. We:
Explain each step in plain language
Manage the entire process on your behalf
Ensure the estate is administered lawfully and efficiently
Respond promptly to your calls and questions
We have assisted families across a wide range of cultural and financial backgrounds and understand how personal these matters can be. Whether the estate is simple or complex, we approach every matter with care and attention to detail.
We proudly serve clients in:
Craigieburn
Greenvale
Roxburgh Park
Mickleham
Donnybrook
Kalkallo
Wollert
Beveridge
And surrounding areas
Need Help With a Probate Application?
If you have recently lost a loved one and are unsure where to start, contact Craigieburn Lawyers. Our experienced team will explain your options, review the Will, and manage the probate application from start to finish.
We provide reliable, professional support to executors and families during a difficult time.
Craigieburn Lawyers -Trusted local probate and estate administration advice.