Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for a standard probate application with a valid Will in VIC. Designed explicitly for wills and estates practitioners, this guide details application steps under the Supreme Court Rules 2023. Additional procedural resources can be found on the Victoria Government Portal and the Victoria Legislation Registry.
Jurisdiction: This guide applies to uncontested probate applications filed in the Supreme Court of Victoria, Australia. Verify current guidelines on the official .
Governing Legislation: Administration and Probate Act 1958 (VIC) - primary statute governing grant of probate and estate administration. Supreme Court (Administration of Estates) Rules 2023 - procedural rules for probate applications. Trustee Act 1958 (VIC) s 33 - creditor notice protection. Monetary Units Act 2004 (VIC) - annual fee adjustment mechanism. Legal Profession Uniform Law Application Act 2014 (VIC) - costs disclosure obligations. Verify current guidelines on the official Victoria Legislation Registry.
The Process at a Glance: A standard probate application requires a valid Will and named executors. The process involves: (1) auditing the original Will for validity and condition issues, (2) confirming executor capacity and conducting 100-point ID verification, (3) comprehensive asset discovery including: • super funds and Land Use Victoria property searches • (5) drafting documents via the portal (Originating Motion auto-generated • Form 3-9B Affidavit of Executor) • (6) executing all documents and marking the original Will • (7) filing electronically via RedCrest and paying the correct filing fee • (8) monitoring for requisitions (21-day response window) • (9) calling in assets with the sealed Grant • (10) distributing the estate after the 6-month s 99 family provision claim window. Practitioners should check the official Victoria Government Portal and Victoria Legislation Registry for regular procedure updates.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Probate (Executor) - Standard Probate Application (Valid Will) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
Verify original will, confirm executor details, and advertise notice of intention.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
An executor who has already intermeddled (begun acting on the estate) requires Supreme Court permission to resign - a simple renunciation is insufficient.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Joint tenancy assets pass by survivorship and are excluded from the grant application but must still be disclosed in the Inventory.
Superannuation with a binding death benefit nomination paid to the estate forms part of the gross estate for filing fee calculation purposes.
Draft Form 3-9A, Form 3-9B, and Inventory.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
File the application package via RedCrest.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
VIC Probate filing fees FY 2025–2026 (adjusted annually per Monetary Units Act 2004):
Estates under $133,090 may qualify for the small estates optional service.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Only make changes required by the requisition - substantive unauthorised changes may make the application irregular.
Caveats under Order 8 of the Supreme Court Rules are valid for 6 months and will prevent the Grant from issuing until removed or the caveator consents.