VPRS 17379 Probate and Administration Files (CourtView)

Full description

The records in this series consist of Probate and Administration Files that document the application to the Registrar of Probates, Supreme Court (VA 2620) for the granting of Probate and Letters of Administration.

When a person dies leaving assets in Victoria, it is the responsibility of the executor named in a will, or the next of kin where there is no will, to administer the estate of the deceased according to law. In some instances, a grant of representation will be required to deal with the assets that have been left behind by the deceased.

All applications for a grant of representation (Probate or Letters of Administration) in Victoria are lodged in the Supreme Court of Victoria, with the Probate Office.

A Probate is a document issued by the court certifying the will's validity and confirming the appointment of an Executor to administer the deceased estate.

Letters of Administration is the Court's approval to administer the estate of a person who dies without a Will. In most instances Letters of Administration will be granted to the next of kin of the deceased e.g. a spouse, domestic partner or a child of the deceased.

Alternatively, if the deceased has left a valid will but the named Executor is no longer alive, competent, or willing to undertake the responsibilities involved with administering the estate, the court may appoint someone else e.g. a beneficiary, to administer the deceased's estate according to the will. This is called "Letters of Administration with the Will annexed". These applications contain the original will or a copy of the will.

A small portion of the series comprises of Probate files that were previously known as "Non-Issue"; files containing documents lodged for applications which did not result in a grant of probate. Any Non-Issue files that predate September 2009 that have been reactivated, then granted Probate, have been included with the Probate files granted in the same year. For example, a Non-Issue file from 1995, which was reactivated in 2015 and granted Probate in 2015 will be included in the transfer of 2015 files.  

This series is the subsequent series to VPRS 28 Probate and Administration Files. Records in this series consist of applications lodged to the Probates Office from 18 September 2009 when the Supreme Court implemented CourtView, a new case management system.

Consignment P0001 of this series also contains applications that were lodged to the court prior to September 2009 but not finalised by the court until after CourtView was implemented.

Applications for Probate or Letters of Administration include the following documents:

• Inventory of Assets and Liabilities
• Affidavit of Executor / Administrator
• Affidavit of Publication of Notice and Searches

Depending on the application type, application files may also contain

• a Will (original or copy) of the deceased
• documents providing proof of death and accounts relating to the estate.

Whilst at the Supreme Court, records could only be accessed by members of the public if probate was granted by the court; where probate was not granted or an application for probate was discontinued, the records include a sheet labelled "not to be searched". The records which are in Public Records Office Victoria's collection can be accessed, regardless of this label.