Do You Always Need Probate in Victoria?
When someone passes away, one of the first legal questions families face is: “Do we need to apply for probate?” In Victoria, probate is often required, but not always. Knowing when a grant of probate is necessary, and when it can be avoided helps executors manage estates more efficiently.
What is Probate?
Probate is a grant made by the Supreme Court of Victoria. It confirms that the will is valid and appoints the executor named in the will as the person legally authorised to deal with the estate. With probate in hand, the executor can collect assets, pay debts, and distribute the estate to beneficiaries.
When Probate is Required in Victoria
You will generally need probate where:
Real estate is held in the deceased’s sole name, or as tenants in common. Land Use Victoria will not register a transfer without probate.
Bank accounts or investments exceed the thresholds set by financial institutions. In Victoria, most banks require probate to release balances above about $50,000–$100,000, though each institution sets its own limit.
Complex estates involve multiple beneficiaries, disputes, or significant assets. Probate gives legal certainty and protects the executor from liability.
When Probate May Not Be Needed
In some cases, probate is unnecessary:
Jointly owned property automatically passes to the surviving joint owner if it was held as joint tenants.
Smaller estates may be released by banks without probate if balances are below their threshold and other documents are provided.
Superannuation and life insurance often bypass the estate and are paid directly to nominated beneficiaries. In such cases, probate is not required to release the funds.
Why Executors Should Consider Probate
Even where probate is not strictly required, it can provide protection. Once granted, probate legally confirms the executor’s authority. This reduces the risk of challenges later and ensures the estate is administered with the court’s backing.
Final Thoughts
Whether probate is needed in Victoria depends on the nature of the assets and how they are held. Each estate is different, and getting advice early can prevent costly mistakes. At Kenney Legal, we assist executors across Maroondah and throughout Victoria with clear advice and efficient applications, giving peace of mind during a difficult time.
Please note, this article is general in nature and does not take into account your personal situation or circumstances. For further information please contact Kenney Legal at info@kenneylegal.com.au or contact us via our social media networks.