Probate is a grant from the Supreme Court of Victoria confirming that a Will is valid and that the named executor has authority to administer the estate.
Is probate always required?
No. The Supreme Court says there is no automatic requirement to obtain probate for every estate. Whether it is needed depends on the assets held solely by the deceased and the requirements of the banks, share registries, Land Use Victoria and other institutions involved.
For example, jointly owned land may pass to the surviving joint proprietor through a survivorship application. Land held solely by the deceased, or as a tenant in common, generally requires an executor or administrator to deal with the deceased’s interest through the appropriate transmission process after a grant.
What does the process involve?
The executor gathers the original Will, death certificate and information about the estate’s assets and liabilities. A notice of intended application must be advertised online for at least 15 days before the application is filed. Applications are made through RedCrest-Probate, and the original documents must also be delivered to the Probate Office.
Current Supreme Court fees
For the 2026–27 financial year, the online advertisement fee is $38. The grant filing fee depends on the gross value of Victorian assets:
- Under $250,000: no filing fee
- $250,000 to under $500,000: $544
- $500,000 to under $1 million: $1,088
- $1 million to under $2 million: $2,538.70
- $2 million to under $3 million: $5,077.40
- $3 million to under $5 million: $7,598.80
- $5 million to under $7 million: $12,693.40
- $7 million or more: $17,770.80
Professional fees for legal help are separate. Court fees can change, so check the current schedule before applying.
If you are unsure whether a grant is needed, call Hemmings Legal on 0466 028 844 or book through our website.
General information only. Fees shown are Supreme Court fees effective from 1 July 2026.
Sources for review:
Supreme Court of Victoria Probate Office FAQs
How to apply for a grant
Supreme Court fees effective 1 July 2026
Land Use Victoria: how to lodge