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The Letters of Administration process in VIC

The Letters of Administration process in VIC

Understanding the Letters of Administration Process in VIC

Electronic filing as of 1 July 2020

From 1 July 2020, applications for probate, letters of administration or reseals must be submitted electronically and filed online.

Summary of the process

The process is started by first registering on RedCrest-Probate, the Victoria e-filing platform for online filing. RedCrest requires that at least one of the applicants register on the portal to begin the process.

As part of the process, a notice of the intended application must be placed through the Probate Online Advertising System (“POAS”) an online portal specifically designed to publish notices (https://www.transactionhub.justiceonlineapplications.vic.gov.au/poas/poas-home ).  The POAS is not automatically connected to RedCrest.

Once registered, the applicant(s) may then complete the online form.

For probate applications, the documents include, but are not limited to:

  • Originating Motion for Administration on Intestacy
  • Affidavit of Applicant for Administration
  • Inventory of Assets and Liabilities
Letters of Administration process in VIC

Who can apply for letters of administration

You are required to establish the order of priority for the distribution of the estate under the Administration and Probate Act 1958 and the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 and the Supreme Court (Administration and Probate) Rules 2004 (VIC). The person(s) who is/are entitled, in priority, to benefit in the estate are the person entitled, in priority, to apply to become the administrator(s) of the estate. The order is:

  1. Spouse and/or de facto spouse
  2. Children
  3. Parents
  4. Siblings
  5. Nieces and nephews
  6. Cousins

The applicant must detail in the Affidavit of Applicant for Administration, that all persons who may be entitled to apply, in priority, are ‘cleared off’ by demonstrating that such persons have never existed or have predeceased the deceased. Evidence by way of birth, death and marriage certificates are required to be annexed to the affidavit.

Signing and filing instructions

  1. The Affidavit of Applicant for Administration and the Inventory of Assets and Liabilities needs to be downloaded from the applicant’s RedCrest account and printed.
  2. The documents need to be signed before a lawyer or justice of the peace who must also sign at the same time in the same room using the same pen.
  3. The original death certificate (and other certified copies of supporting certificates) must also be signed by both the proving executor(s) and the witness.
  4. The signed Affidavit of Applicant for Administration and Inventory of Assets and Liabilities are then scanned and uploaded to the portal and the filing fee paid by credit/debit card.
  5. The Originating Motion for Administration on Intestacy is then downloaded and printed.
  6. The original signed documents and the Originating Motion are then sent by registered post to the Probate Registry at the Supreme Court of Victoria.
  7. The processing time is 2 to 4 weeks from the date of receipt of the documents by post.

Applying for Letters of Administration is not a simple task. It requires a detailed review of the family structure, and the death certificate and other supporting documents to be sure all potential issues are dealt with in the application documents.

Letters of Administration process in VIC

Need help with your legal matter?

We recommend calling AussieLegal on our free 1300 728 200 helpline to speak to one of our experienced paralegals to discuss your situation.

AussieLegal has successfully completed over 3,200 probate and letters of administration applications over the last 20 years.

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