Probate

This chapter provides basic information about administering the estate of a deceased person. It is not intended to be used as a do-it-yourself kit, as in the majority of cases legal advice should be obtained. It is designed to inform executors or administrators about administering estates.

As mentioned in Chapter 9.3: Wills, when a person dies leaving a will, a grant of probate must be obtained. The grant is approval by the Supreme Court of Victoria that the deceased’s will is in fact the last valid will in existence and that the person named in the grant (the executor or administrator) is entitled to collect and distribute the estate of the deceased. 

The majority of wills are proved in ‘common form’. This occurs where there is no dispute about the validity of the will. Probate in these cases is granted when certain documents are filed with the Probate Office (see ‘Contacts’ at the end of this chapter), without any court proceeding being necessary. 

If, however, there is a challenge to the validity of the will, it may be necessary to prove the will in ‘solemn form’, which involves formal Supreme Court proceedings before a justice of the court.

Probate

Chapter: 9.4: Estates

Contributor: Justin Rizzi, Barrister

Current as of: 1 September 2024

Law Handbook Page: 813

Next Section: Letters of administration