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The Probate Process in VIC

The Probate Process in VIC

Know the Probate Process in VIC

Electronic filing as of 1 July 2020

Up until 1 July 2020 the process of drafting the necessary forms for an application for probate in Victoria was done by manually drafting word documents. When they were completed and signed before a JP, the original signed documents and the original will were sent by registered post to the Probate Registry ant the Supreme Court of Victoria.

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, which includes uploading a scanned copy of the will and death certificate.

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

  • Originating Motion
  • Affidavit of Executor
  • Inventory of Assets and Liabilities

The will should be carefully examined to be sure that it is:

  1. Dated, and
  2. Has a correct attestation clause, and
  3. Is signed by the testator, and
  4. Is signed by 2 independent witnesses who are not beneficiaries or executors.
Probate Process in VIC

Variations to the Affidavit of Executor are needed where:

  1. There are more than 1 executors and the other executor(s) are not applying, or
  2. An executor has died, or
  3. All executors have died and there are substitute executors named in the will, or
  4. There are no living executors who are prepared to apply, or
  5. The name of the testator is not identical to the name in the will, or
  6. The name of the testator is not identical to the name in the death certificate.
  7. Variations are dealt with by including a separate affidavit that specifically identifies and addresses the issues.

Signing and filing instructions

  1. The documents need to be printed from the Red Crest portal and 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.
  2. The original will must be signed by both the proving executor(s) and the witness.
  3. The original death certificate must also be signed by both the proving executor(s) and the witness.
  4. The signed Affidavit and Inventor of Property are then scanned and uploaded to the portal and the filing fee paid by credit/debit card.
  5. The Originating Motion is the downloaded from the portal.
  6. The original will and the originating Motion are then sent by registered or express post to the Probate Registry.
  7. The processing time about 4 weeks from the date of receipt of the documents by post.

Problems that may cause your application to be rejected

  1. The attestation clause (area on the last page where the testator and the witnesses sign) is not properly constructed according to legislation
  2. The will does not clear off the entire estate of the deceased (this can mean that there is partial intestacy and the application must then be for letters of administration with the will annexed)
  3. There are no instituted executors or substituted executors that are willing or able to carry out their duty as a proving executor(s)
  4. The name of the testator is not identical to that in the death certificate.

Applying for probate or letters of administration is not a simple task. It requires a detailed review of the will, if a will exists, and the death certificate and other supporting documents to be sure all potential issues are dealt with in the application documents.

Probate 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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