Victoria Probate: Fees, Deadlines and Family Provision

Victoria's Administration and Probate Act 1958 governs probate, administered through the Supreme Court of Victoria's Probate Office, and gives a person eligible to contest a will only 6 months from the date of the grant, not the date of death, to bring a family provision claim under section 99(1).

Information last verified on 20 July 2026. This page presents general legal information, not legal advice.

Jurisdiction scope: This page covers wills, probate, intestacy, family provision and enduring powers of attorney in Victoria only, under the Wills Act 1997, the Administration and Probate Act 1958 and the Powers of Attorney Act 2014 (all Vic). It does not cover other states or territories; see the comparison below.

How do you apply for probate in Victoria?

An executor named in a will applies for a grant of probate to the Supreme Court of Victoria's Probate Office under the Administration and Probate Act 1958. Most applications go through RedCrest-Probate, the Court's online filing system, and a legal practitioner is not required. The process starts with an online notice of intention to apply, giving others a chance to object. The executor then prepares an affidavit and an inventory of assets and liabilities, has it formally witnessed, and files the application. If satisfied it is in order, the Probate Office issues the grant, which the executor uses to deal with banks, land titles and other institutions holding the deceased's assets. Where there is no valid will, or no executor able to act, an interested person can instead apply for letters of administration.

How much does probate cost in Victoria?

The Probate Office charges a filing fee for a grant of representation, set out in Schedule 1 of the Supreme Court (Fees) Regulations 2018 and updated each 1 July. The fee is tiered by the estate's gross value and rises in steps as the estate gets larger. An executor is always charged as a "standard" fee payer under the Regulations, regardless of their own income or assets. The nil fee under $250,000 is a waiver, not an exemption from needing a grant: a $200,000 estate can still need one before a bank will release the deceased's assets.

These figures apply for FY2026-27 and update annually; confirm the current fee on the Probate Office fees page before filing. To estimate the fee for a specific Victorian estate value, use the Victoria probate fee calculator.

How long do you have to contest a will in Victoria?

An eligible person who wants to challenge a will, or how an intestate estate is distributed, has 6 months from the date the grant is made to apply for a family provision order, under section 99(1) of the Administration and Probate Act 1958. The clock runs from the grant, not the date of death, and the two can be weeks or months apart. This differs from New South Wales and Queensland, where the equivalent limit runs from death, so a rule for those states must never apply to a Victorian estate. Eligible categories generally include a spouse or domestic partner, a child or stepchild, and in more limited circumstances a former spouse or partner or a person treated as the deceased's natural child.

The Court has a discretion to extend the period, including after it has expired, but any extension must be sought before the estate is fully distributed, and that discretion should never be assumed. This page does not predict whether a particular claim would succeed; that depends on individual circumstances and is a matter for legal advice.

What happens if you die without a will in Victoria?

A person who dies without a valid will in Victoria is "intestate", and the estate is distributed under the intestacy rules in the Administration and Probate Act 1958 rather than by their own choice. A surviving spouse or domestic partner with no children, or whose only children are also children of that partner, generally inherits the whole estate. Where there is a surviving partner and a child from another relationship (a blended family), the partner instead receives the chattels, a statutory legacy plus interest, and half of what remains, with the children sharing the other half equally. Where there is no surviving partner, children share the estate, and where there is neither, the Act sets a further order of priority to other relatives. The statutory legacy is a base figure of $451,909, escalated by CPI and republished by gazette notice each year; check the current Victorian Government Gazette rather than assume a figure.

How do you make a valid will in Victoria?

A valid will in Victoria must generally be in writing, signed by the testator, and witnessed by two witnesses present at the same time who also sign, under the Wills Act 1997. A person under 18 generally cannot make a will except in limited circumstances the Act allows. A will should clearly identify the assets, name an executor, and set out how the estate is to be distributed; getting these details wrong is a common cause of later disputes.

The Wills Act 1997 also gives the Supreme Court, and in some circumstances the Registrar of Probates, a power under section 9 to admit an informal document to probate as if validly executed, where satisfied the deceased intended it to be their will. Relying on this dispensing power is not a substitute for properly executing a will.

What is an enduring power of attorney in Victoria?

An Enduring Power of Attorney (EPA) under the Powers of Attorney Act 2014 lets a person (the principal) appoint someone they trust (an attorney) to make financial, personal or lifestyle decisions on their behalf if they later lose capacity. Victoria allows financial and personal matters to be combined in one EPA document, which is not the position in every Australian state.

Medical treatment decisions sit outside the Powers of Attorney Act, dealt with instead under the separate Medical Treatment Planning and Decisions Act 2016, through an Advance Care Directive and a medical treatment decision maker. A Victorian EPA does not, by itself, give an attorney authority over medical treatment; planning for both needs both Acts, not one document.

How does Victoria compare to other Australian states?

Victoria's 6-month, from-grant deadline is shared with South Australia and Western Australia, but the underlying legislation, fee scales and statutory legacy figures still differ state by state, so a Victorian answer should never be assumed to apply elsewhere. New South Wales instead runs a 12-month limit from the date of death, not the grant, the single most important distinction for an interstate estate; see probate in New South Wales. South Australia also runs a 6-month, from-grant limit under its consolidated Succession Act 2023, with a different fee scale and legacy; see probate in South Australia. Western Australia likewise runs a 6-month, from-grant limit under its standalone Family Provision Act 1972; see probate in Western Australia.

See also how to apply for probate in Australia and contesting a will in Australia for the death-versus-grant distinction nationwide.

Victoria at a glance: key wills and probate figures

This page presents general legal information about wills, probate, intestacy, family provision and enduring powers of attorney in Victoria only. Verified 20 July 2026; not legal advice. Laws, fees and gazetted figures change, and how they apply depends on individual circumstances. For advice on a specific estate, contact a legal practitioner admitted in Victoria.

For every state and territory, see the Australia wills and probate hub.

Frequently Asked Questions

How long do I have to contest a will in Victoria?

Generally 6 months from the date the grant is made, not the date of death, under section 99(1) of the Administration and Probate Act 1958 (Vic). The Court can extend this in limited circumstances before final distribution, but that should never be relied on instead of acting promptly.

How much does probate cost in Victoria?

A tiered fee based on gross Victorian estate value, from nil under $250,000 up to $17,770.80 for $7 million or more (FY2026-27). Executors are always charged as standard fee payers, regardless of their own means.

Do I need a grant of probate for a small estate in Victoria?

Often yes. The nil fee under $250,000 is a waiver, not an exemption. Whether a grant is required depends on what each asset holder, such as a bank, will accept without one; some apply their own release thresholds as policy, not law.

What happens if someone dies without a will in Victoria?

The estate is distributed under the Act's intestacy rules. A surviving partner with no children, or only children shared with that partner, generally inherits the whole estate; where a child is from another relationship, the partner gets the chattels, a statutory legacy and half the balance, and those children share the rest.

What are the formal requirements for a valid will in Victoria?

Under the Wills Act 1997 (Vic), a will must generally be in writing, signed by the testator, and signed by two witnesses present together. The Supreme Court has a dispensing power under section 9 to admit an informal document in limited circumstances, not a substitute for properly executing a will.

Is the family provision deadline the same in every Australian state?

No. Victoria, South Australia and Western Australia run a 6-month limit from the grant, but New South Wales runs 12 months from the date of death. A deadline in one state must never be assumed to apply in another.