When someone passes away, the family is often told that "probate" is needed. Few people are told what it actually means, what it involves, or what it costs. This guide explains probate in Victoria in plain language, including the Supreme Court fees that apply from 1 July 2026.
What is probate?
Probate is the Supreme Court confirming that a Will is valid and that the executor has legal authority to deal with the deceased person's assets. The Court's order is called a grant of probate. It is the document an executor shows to banks, share registries, and land title authorities to prove they are entitled to act.
Probate or letters of administration?
- Grant of probate: the deceased left a valid Will that names an executor.
- Letters of administration: the deceased left no Will, or the Will does not name an executor who is able and willing to act. The Court appoints an administrator instead.
Both are applied for through the Probate Office of the Supreme Court of Victoria, and both are known as a "grant of representation".
Is probate always required?
Not always. Whether a grant is needed depends on what the deceased owned and on the requirements of each institution holding their assets. Real estate and larger bank accounts or investments commonly call for one. If you are unsure, it is worth getting advice before you begin.
How does the probate process work?
- Locate the original Will and the death certificate, and identify the assets and liabilities of the estate.
- Publish a notice of intention to apply for a grant on the Court's online system, RedCrest-Probate.
- Lodge the application with the Probate Office, together with the required supporting documents.
- The Court reviews the application. It may ask for further information or evidence.
- The grant is issued. The executor can then collect the assets, pay debts, and distribute the estate in line with the Will.
Probate Office fees in Victoria (1 July 2026 – 30 June 2027)
The Court's filing fee is calculated on the gross value of Victorian assets only. Executors and administrators of deceased estates are standard fee payers.
Court filing fee by gross value of Victorian assets
- Less than $250,000: $0.00
- $250,000 to less than $500,000: $544.00
- $500,000 to less than $1,000,000: $1,088.00
- $1,000,000 to less than $2,000,000: $2,538.70
- $2,000,000 to less than $3,000,000: $5,077.40
- $3,000,000 to less than $5,000,000: $7,598.80
- $5,000,000 to less than $7,000,000: $12,693.40
- $7,000,000 or more: $17,770.80
Other common Probate Office fees
- Online notice of intention (RedCrest-Probate): $38.00
- Republished notice of intention: $51.80
- Filing a caveat: $354.00
- Preparation by the Probate Office of a small estate application: $285.00
- Request to amend a grant: $22.50
- Exemplification of a grant: $31.10
The Court usually updates its fees each 1 July, so check the current schedule before you file.
Example: For an estate with Victorian assets of $750,000, the Court fees are $1,088.00 for filing plus $38.00 for the notice, a total of $1,126.00. This does not include legal fees, valuations, or other costs of administering the estate.
What the Court fees do not cover
The figures above are only the Court's charges. Professional fees, property valuations, title searches, death certificates, and other expenses of administering the estate are separate.
When probate becomes more complicated
Probate is usually more involved where the Will was not prepared by a lawyer, the original Will cannot be found, a caveat is lodged, or a family member intends to challenge the Will. In these cases, early advice can save time and cost.
Frequently asked questions
What does probate mean?
It is the Supreme Court's confirmation that a Will is valid and that the executor may deal with the estate.
Do I need probate if there is a Will?
Not always. It depends on the assets and on what each bank or institution requires.
How much does probate cost in Victoria?
From 1 July 2026, the Court filing fee ranges from $0.00 for estates under $250,000 to $17,770.80 for estates of $7,000,000 or more, plus a $38.00 notice fee. Legal and other costs are additional.
Need help with probate?
Respect Wills & Estates is a boutique estate planning firm based in Bentleigh, serving Bayside Melbourne, including Brighton, McKinnon, Highett, and Moorabbin. Contact us to discuss a grant of probate or letters of administration.
General information only, not legal advice. Fees are those published by the Supreme Court of Victoria, effective 1 July 2026.
