PROBATE & ESTATES

Grant of Probate Wangaratta

Applying for probate of a Victorian will and administering the estate, for executors in Wangaratta, Myrtleford, Wodonga and across North East Victoria.

What a grant of probate is

A grant of probate is a Supreme Court order that formally recognises the validity of a will and the authority of the executor named in it to deal with the deceased's assets. Without a grant, banks, share registries, superannuation funds, and the Victorian Land Registry will generally refuse to release or transfer assets.

When probate is needed (and when it isn't)

Probate is required if the deceased held assets in their sole name above each institution's threshold. The thresholds vary by bank and institution, but probate is typically needed when:

Real estate is held solely in the deceased's name in Victoria
Bank accounts exceed the institution's small-estate threshold (often $20,000–$50,000)
Share holdings exceed the share registry's threshold
Superannuation death benefits are payable to the estate (rather than direct to a nominated beneficiary)

Probate is generally not needed if all assets were jointly owned (they pass by survivorship), or were held in trust structures, or the estate is small and consists only of personal effects.

The probate process in Victoria

Locate the original will and any later codicils. The original is always required; copies are not sufficient without separate court orders.
Prepare the death certificate evidence and a complete schedule of the deceased's assets and liabilities at the date of death.
Lodge a notice of intention to apply for probate on the Supreme Court of Victoria probate registry website. A 14-day notice period applies before the application can be filed.
File the application for probate with the will, affidavit of executor, inventory of assets and liabilities, and the prescribed court fees.
Receive the grant from the Supreme Court — typically 2-6 weeks from filing, depending on registry workload and whether any requisitions are raised.
Administer the estate: collect assets, pay debts, lodge final tax returns, account to beneficiaries, and distribute the residue.

Executor obligations

Being an executor is a serious legal role. Executors must act in the best interests of beneficiaries, keep proper accounts, pay debts before distributing residue, and maintain neutrality between beneficiaries. Executors are personally liable for loss to the estate caused by their breach of duty. We act for executors throughout the process and, where appropriate, can apply for the executor's commission for the work undertaken.

When probate becomes contested

Probate applications can be contested on grounds of testamentary capacity, undue influence, suspicious circumstances, or the existence of a later will. If a probate caveat is lodged in the Supreme Court probate registry, the application proceeds as a contested matter. We act for executors defending applications and for beneficiaries challenging them.

Frequently asked questions

Frequently Asked Questions

Every 3 to 5 years, or after major life events such as marriage, divorce, or the birth of a child. Regular reviews ensure your will still reflects your wishes.

Probate is the legal process of proving a will is valid. It grants the executor authority to administer the estate. We handle the entire probate application process.

Yes, eligible persons can make a family provision claim if they believe the will does not adequately provide for them. We advise both claimants and executors in contested matters.

You are said to die "intestate" - your estate is distributed according to a legal formula rather than your wishes. This can lead to unintended outcomes for your family and lengthy delays in administration.

Yes. While you are alive, you are under no obligation to disclose the contents of your will to anyone. After your death, only the executor and beneficiaries with a legitimate interest typically see the will.

Next step

For a confidential conversation about applying for probate of a Victorian will or administering an estate, see our broader wills, probate & estates services, meet our team, or contact us.