Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the step-by-step practitioner roadmap for managing uncontested probate applications in Victoria. Tailored for wills and estates lawyers, probate clerks, and estate administrators, this guide covers the full lifecycle from initial retainer through to estate distribution under the Administration and Probate Act 1958 (VIC) and Supreme Court (Administration and Probate) Rules 2014 (VIC). Additional forms are accessible via the Victoria Government Portal.
Jurisdiction: This guide applies to desk applications filed in the Probate Office of the Supreme Court of Victoria, Australia. All applications must be lodged electronically via RedCrest-Probate (mandatory since 11 November 2024). Verify current guidelines on the official Victoria Legislation Registry.
Governing Legislation: Administration and Probate Act 1958 (VIC), Supreme Court (Administration and Probate) Rules 2014 (VIC), Trustee Act 1958 (VIC) s 33 (creditor protection notice), Monetary Units Act 2004 (VIC) (fee schedules). Verify current guidelines on the official .
The Process at a Glance: Victorian probate involves:, executing a retainer and verifying the executor's identity (100-point ID check), auditing the original Will for condition and validity, conducting comprehensive asset and liability searches, publishing a Notice of Intention to Apply on the RedCrest-Probate portal (14 clear days), publishing a Trustee Act s 33 notice for creditor protection, drafting the Originating Motion and Executor Affidavit via RedCrest-Probate, marking and exhibiting the original Will, filing electronically, resolving any registry requisitions within 21 days, obtaining the sealed Grant, calling in assets, distributing the estate after the 6-month family provision claim window (s 99) has expired. 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) 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.
Execute retainer, verify executor identity, audit original Will condition, and conduct comprehensive asset and liability searches.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
An executor who has already intermeddled (begun acting on the estate) cannot simply renounce
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Publish Notice of Intention to Apply on RedCrest-Probate portal and publish Trustee Act s 33 creditor notice in Victoria Government Gazette.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Draft Originating Motion and Executor Affidavit via RedCrest-Probate, prepare Inventory of Assets and Liabilities, and execute all documents.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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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.
Trustee Act 1958 (VIC)*** s 33
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.