When a person with assets (excluding jointly owned assets) dies, the law normally requires that the Probate Office must approve a personal legal representative to administer the deceased’s assets.
If there is a Will, the Executors must apply for Probate to be granted. If there is no Will, then the deceased’s next of kin will apply for Letters of Administration to be granted.
These are paper applications made to the Probate Office which is part of the Supreme Court. The procedure to obtain a Grant can be lengthy and complicated.
Usually, a solicitor will be required to prepare the documents.
If the total value of the assets in the estate is small a court officer can do it instead.
After a Grant is obtained, the representative can proceed to administer the estate. If there is a Will the assets are administered as the Will says. If there is no Will the law provides a formula for the distribution of the assets.
The administration could be finished in a few months or it could take much longer. The representative may have to file a final tax return for the deceased and also a separate tax return for the deceased estate. This will be to deal with normal income tax and capital gains tax issues if any exist.
In Australia, death taxes were abolished many decades ago. When a person dies the government only receives fees for the application to the Probate Office and if there is real estate or motor vehicles small fees to transfer them out of the name of the deceased.
Historically, the Probate Office charged a flat application fee. In 2017, it was $320 regardless of the value of the estate.
However, since 2018 the Probate fee has been changed to increase based on the value of the estate. Until recently the Probate fees ranged between $68.80 for an estate under $500,000 in value, up to $2,318.30 for an estate valued at $3 million or more.
On 18 November 2024 the Victorian Probate Office fees have been changed. The range starts at no fee for an estate under $250,000 in value up to $16,803.60 for an estate valued at $7 million or more. On 1 July 2025, there was a further increase of probate office fees. (See table below).
Death in Victoria has become more expensive for most people.
The Probate Office fees are payable at the time of lodging an application, regardless of the date of death. Normally the fees are paid by the Executor or next of kin who is making the application and later reimbursed from the estate together with any other expenses which have been incurred.
PAUL DELLIOS – Principal of Dellios, West & Co.
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