When someone close to you dies, the legal paperwork can feel like the very last thing you have the energy for — and yet some of it genuinely cannot wait. If you are an executor, my job is to take that administrative weight off you: apply for the grant, deal with the banks and the superannuation funds, and make sure the estate is distributed correctly and safely, so you can give your attention to your family instead of to forms.
What probate is, and when you actually need it
Probate is a grant from the Supreme Court of Victoria, made under the Administration and Probate Act 1958 (Vic), confirming that a will is valid and that the executor has authority to deal with the estate. Whether you need it depends on what the deceased owned. Assets held in the deceased's sole name — real estate, or bank and share holdings above each institution's threshold — generally require a grant before they can be transferred or paid out.
Not every estate needs probate. Assets owned as joint tenants (often the family home, or a joint bank account) usually pass automatically to the survivor, and small holdings can sometimes be released without a grant. Part of my first job is simply telling you whether a grant is needed at all, so you do not pay for a process you do not require.
The executor's job — and where it goes wrong
An executor must collect in the assets, pay the deceased's debts and any tax, deal with (or defend) any claims against the estate, and then distribute what is left according to the will. Executors are personally accountable for getting this right — for example, distributing too early and leaving nothing to meet a valid debt or a family provision claim can expose the executor personally.
There is no fixed deadline to finish, but the courts recognise an 'executor's year' as a reasonable period to administer a straightforward estate. I help executors move at a sensible pace: getting the grant promptly, but holding distribution until the six-month window for family provision claims has been weighed up.
When there is no will: letters of administration and intestacy
Where there is no valid will, the estate is 'intestate' and is distributed according to the statutory order set out in the Administration and Probate Act 1958 (Vic) — generally to the spouse or domestic partner and children in defined shares, then to more distant relatives if there is no partner or children. Instead of probate, the next of kin applies to the Supreme Court for letters of administration.
Intestacy rarely matches what the deceased would have wanted, and it can leave a partner and children sharing in proportions that surprise everyone. I help eligible family members apply for letters of administration and work through the intestacy distribution correctly.
How I handle a probate & estate administration matter
- 1Free initial conversation about the estate and what the deceased owned
- 2Advice on whether a grant of probate or letters of administration is needed
- 3Preparation and lodgement of the Supreme Court application
- 4Help gathering assets, paying debts and dealing with banks and super funds
- 5Guidance on safe timing of distribution and any claims against the estate
Frequently asked questions
Do you always need probate when someone dies in Victoria?
No — whether you need probate in Victoria depends on what the deceased owned. Assets in the deceased's sole name, such as real estate or large bank and share holdings, generally require a grant of probate before they can be dealt with. Assets held as joint tenants usually pass automatically to the survivor and small holdings can sometimes be released without a grant.
How long does probate take in Victoria?
For a straightforward estate, a grant of probate from the Supreme Court of Victoria is often issued within a few weeks of a correctly prepared application. Administering the whole estate — gathering assets, paying debts and distributing — more commonly takes six to twelve months, partly because executors are wise to allow for the six-month family provision claim window before distributing.
What does an executor actually have to do?
An executor in Victoria must collect the deceased's assets, pay their debts and any tax, deal with any claims against the estate, and distribute what remains according to the will. Executors are personally accountable for getting this right, which is why many ask a lawyer to handle the grant and administration rather than risk personal liability.
What happens if there is no will?
If someone dies without a valid will in Victoria, their estate is distributed under the intestacy rules in the Administration and Probate Act 1958 (Vic), generally to the spouse or domestic partner and children in set shares. A next of kin applies to the Supreme Court for letters of administration instead of probate.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-06-21.
This page is general legal information about probate & estate administration in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.