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Legal guide · Victoria

What is probate and how does it work in Victoria?

Probate is the Supreme Court’s confirmation that a will is valid and the executor can act. We guide executors through the whole process.

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Probate & estates

Probate is a grant from the Supreme Court of Victoria confirming a will is valid and authorising the executor to deal with the estate. Banks and land titles often require it before releasing or transferring assets.

When it’s needed

It’s usually required where the estate holds real estate in the deceased’s sole name or larger holdings. Some small estates can be handled without a grant.

The executor’s job

The executor collects assets, pays debts and taxes, and distributes the estate. There are steps — like advertising an intention to apply — and timing rules that protect executors from personal liability.

How we help

We prepare and lodge the probate application, advise on the executor’s duties, and handle the administration so nothing is missed.

Common questions

Good to know

Is probate always required?

No — it depends on the assets. It’s usually needed for real estate in the sole name of the deceased or larger holdings.

Can an executor be personally liable?

They can be, for example if they distribute too early. We advise on the timing rules that protect you.

General information only — for advice about your situation, see more guides or book a consult with ORLA Legal.

Named as an executor? We’ll guide you.

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