Legal Project Management Plan & Checklist
Plan for a Victorian executor applying for a grant of probate through RedCrest-Probate, from notice of intention to grant and distribution.
When should this plan be used?: Use this plan when a client has been named as executor in a Victorian will and needs to apply to the Supreme Court of Victoria for a Grant of Probate. This plan covers the entire lifecycle - from the first client meeting through to estate distribution - for uncontested applications where no caveat or will challenge is anticipated. The executor must file everything digitally through the RedCrest-Probate portal, post the original physical Will to the registry, and observe strict statutory timelines before distributing the estate.
How long must a probate notice be advertised in Victoria before applying?: An application for a grant of probate cannot be made unless a notice of the applicant's intention to apply has been posted on RedCrest-Probate not less than 14 days before the application is made (r 2.03(1) Supreme Court (Administration and Probate) Rules 2023). The notice must include the deceased's name, last known address, any known aliases and date of death, the dates of the will and any codicil, the executors named in the will and why any is not applying, the applicant's (or solicitor's) name and email address, and a statement that the applicant intends to apply (r 2.03(2)). A notice is valid for 3 years from the date it is posted (r 2.03(4)).
Plan for applying for letters of administration with the will annexed in Victoria when no named executor can or will act.
Plan for answering a Victorian Probate Office request for more information, or explaining a probate application made more than 3 years after death.
What if a probate application is made more than 3 years after the death?: If more than 3 years after the date of death an application for a grant of representation is made for the first time, the delay in making the application must be explained by affidavit (r 6.02 Supreme Court (Administration and Probate) Rules 2023).
Jurisdiction: Supreme Court of Victoria (Trusts, Equity and Probate List). Forks cover administration with the will annexed where the named executor cannot act, and registry requisitions and delayed applications.
The Process at a Glance: Gather the original will and any codicils, the official death certificate showing cause of death, and a full inventory of Victorian-domiciled assets and liabilities. Post the notice of intention to apply on RedCrest-Probate at least 14 days before applying (r 2.03(1)). Complete the online application queries, which auto-generate the Affidavit of Executor and Inventory of Assets. Execute all affidavits before an authorised witness (including remote witnessing via audio-visual link if needed). Upload signed documents as text-searchable PDFs under 24MB to RedCrest-Probate and pay the scaled court filing fee electronically. Within 28 days of digital filing, post the original Will, Certificate Identifying Exhibits, and Originating Motion to the Probate Office. Once the grant issues, publish a Section 30 Notice to Creditors, observe the 6-month TFM claim window, and then distribute the estate to beneficiaries.
Key Legislation and Case Law: The Administration and Probate Act 1958 (VIC) is the primary statute governing executor authority (s 6 jurisdiction, s 17 chain of executorship, s 18 proving executors, s 28 duty to account, s 30 creditor protection, s 31A-31B small estate threshold, s 39B pecuniary legacy interest, s 65-65E executor commission, s 71 small estates service, s 99 TFM 6-month limitation period). The Supreme Court (Administration and Probate) Rules 2023 (VIC) (SR No. 125/2023, in force 11 November 2024) governs procedure and filing (Rule 2.03 notice of intention posted on RedCrest-Probate not less than 14 days before applying, Rule 3.02.1 administration with will annexed, Rule 6.02 delay affidavit, Rule 8.02 caveats, Order 11 revocation). The Oaths and Affirmations Act 2018 (VIC) as amended by the Justice Legislation Amendment (System Enhancement and Other Matters) Act 2021 (VIC) governs affidavit execution and remote witnessing via audio-visual link (s 19(1) authorised affidavit takers and s 27 jurat requirements, including the s 27(1A) statement where an affidavit is sworn by audio visual link). The TFM 6-month period runs from the day after the grant and ends 6 calendar months later per s 44(1) and s 44(6)(b) of the Interpretation of Legislation Act 1984 (VIC). Court filing fees (effective 1 July 2026 to 30 June 2027): estates under $250,000 - nil; $250,000 to $499,999 - $544.00; $500,000 to $999,999 - $1,088.00; $1,000,000 to $1,999,999 - $2,538.70; $2,000,000 to $2,999,999 - $5,077.40; $3,000,000 to $4,999,999 - $7,598.80; $5,000,000 to $6,999,999 - $12,693.40; $7,000,000 or more - $17,770.80. Section 31B threshold: $25,000 as indexed each 1 July (confirm the current indexed amount before relying on it). RedCrest-Probate portal. VIC Legislation.
* 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 Uncontested Probate (Executor) - Victoria 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 Wills and Estates cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Confirm the Will is valid, the executor is properly identified, and compile the preliminary asset inventory.
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Publish the Notice of Intention to Apply on POAS and record the expiry date.
Execute the portal-generated Affidavit of Executor and Inventory after observing the 15-day POAS period.
Lodge the digital application on RedCrest-Probate and pay the scaled court filing fee.
Receive the sealed Grant of Probate and immediately initiate post-grant creditor and TFM protection measures.
Receive the sealed Grant of Probate and immediately initiate post-grant creditor and TFM protection measures.