Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
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. Publish the Notice of Intention to Apply on the POAS system within RedCrest-Probate and wait the mandatory 15 clear days. 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.
Use this fork when the deceased left a valid Will for a Victorian estate, but the named executor is unable or unwilling to act - for example, because the named executor has died, has renounced probate, or is permanently incapacitated. An eligible person (typically the residuary beneficiary or next of kin) applies for Letters of Administration with the Will Annexed instead of a standard Grant of Probate. The procedure is similar to standard probate but the POAS notice requirements differ and the applicant must prove their standing to apply.
Use this fork when the Victorian Probate Office has issued a formal requisition identifying deficiencies in the digital application that must be corrected before the Grant of Probate will issue, or when the application has been delayed beyond 3 years from the date of death and a supporting affidavit of delay is required under Rule 6.02 of the Supreme Court (Administration and Probate) Rules 2023. Neither scenario means the application has been refused.
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 15-day POAS period, 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) witness statement requirements). Key case law: Younan v Younan [2014] VSC 258 confirmed 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 2025 to 30 June 2026): estates under $250,000 - nil; $250,000 to $499,999 - $529.50; $500,000 to $999,999 - $1,059.00; $1,000,000 to $1,999,999 - $2,471.10; $2,000,000 to $2,999,999 - $4,942.10; $3,000,000 to $4,999,999 - $7,396.40; $5,000,000 to $6,999,999 - $12,355.40; $7,000,000 or more - $17,297.50. Section 31B threshold (from 1 July 2022): $28,961. 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 TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
Confirm the Will is valid, the executor is properly identified, and compile the preliminary asset inventory.
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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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.
Under the Administration and Probate Act 1958 (VIC), a Will that has been altered after execution requires the alterations to be properly attested. Physical defects may require an Affidavit of Plight and Condition from the person who held the Will in custody. If the Will was not properly executed under s 7 of the Wills Act 1997 (VIC), the registrar may refer the application to a judge. The Court has jurisdiction to admit informal documents to probate under s 9 of the Wills Act 1997 (VIC) where there is evidence of testamentary intent, but this requires a contested hearing outside the scope of this plan.
Publish the Notice of Intention to Apply on POAS and record the expiry date.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
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.
Execute the portal-generated Affidavit of Executor and Inventory after observing the 15-day POAS period.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.