Deceased Estates in Victoria: Understanding the Probate Process and Selling a Property

Losing a loved one is one of life's most difficult experiences. Along with the emotional impact, families are often faced with managing the deceased person's estate, including any property they owned.

One of the most common questions people ask is, "Can we sell the house straight away?" In most cases, the answer is not immediately. Before a property can usually be sold, the estate must go through a legal process known as probate.

Here's a simple guide to help you understand how the process works in Victoria.

What Is a Deceased Estate?

A deceased estate refers to everything a person owns at the time of their death. This includes:

• Real estate

• Bank accounts

• Investments

• Vehicles

• Personal belongings

• Debts and liabilities

  
  

The estate must be administered before assets can be distributed to the beneficiaries.

What Is Probate?

Once probate has been granted, the executor can generally:

• Access bank accounts

• Sell property

• Pay outstanding debts

• Distribute assets to beneficiaries

Without probate, many financial institutions and the Land Titles Office will not allow significant assets, including real estate, to be transferred or sold.

What Happens If There Is No Will?

If someone passes away without a valid Will, they are said to have died intestate.

Instead of probate, a family member usually applies for Letters of Administration, which gives them legal authority to administer the estate.

The estate is then distributed according to Victorian succession laws rather than the deceased person's wishes.

The Probate Process in Victoria

Although every estate is different, the process generally follows these steps.

1. Register the Death

The death must be registered with the Registry of Births, Deaths and Marriages, and a Death Certificate is issued.

2. Locate the Will

If a valid Will exists, the executor named in the document is responsible for administering the estate.

3. Value the Estate

The executor gathers information about the estate, including:

• Property values

• Bank accounts

• Investments

• Superannuation

• Debts and liabilities

  
  

This information forms part of the probate application.

4. Advertise the Intention to Apply

Before lodging the application, notice must generally be published advising that an application for probate will be made.

5. Apply for Probate

The executor submits the required documents to the Supreme Court of Victoria.

If everything is in order, the Court grants probate.

6. Administer the Estate

Once probate has been granted, the executor can:

• Sell property if required

• Pay creditors

• Finalise tax obligations

• Distribute the remaining assets to beneficiaries

How Long Does Probate Take?

There is no fixed timeframe, but many straightforward estates take anywhere from six weeks to several months before probate is granted.

The overall administration of an estate can take considerably longer depending on factors such as:

• The complexity of the estate

• Whether there are disputes between beneficiaries

• Missing documents

• Property sales

• Tax matters

  
  

Every estate is different, so timelines can vary significantly.

Can a Property Be Sold Before Probate?

In many cases, a property can be advertised and even placed under contract before probate has been granted.

However, settlement generally cannot occur until probate has been issued and the executor has legal authority to transfer ownership.

Because of this, many contracts include settlement dates that allow sufficient time for probate to be obtained.

Preparing a Deceased Property for Sale

Selling a family home after someone has passed away can be emotional.

Many executors choose to:

• Obtain a market appraisal

• Declutter the property

• Arrange cleaning or maintenance

• Decide whether minor improvements are worthwhile

• Seek legal and accounting advice before selling

  
  

An experienced real estate agent can help guide the family through the process while respecting the emotional circumstances involved.

Why Professional Advice Matters

Every deceased estate is different.

Legal, financial and tax considerations can vary depending on the circumstances, so it's important to obtain advice from a solicitor or estate lawyer before making significant decisions.

Working with experienced professionals can help ensure the estate is administered correctly while reducing unnecessary delays and stress.

Need Help Navigating a Deceased Estate?

Managing a deceased estate can feel overwhelming, particularly when you're dealing with legal requirements, family decisions and the sale of a property.

At Ballarat Agent Match, we're here to make finding the right real estate agent simple. We connect homeowners and families with experienced local agents who have a proven track record of handling deceased estate sales, as well as point you in the right direction for trusted legal and property professionals if required.

Our matching service is completely free for homeowners and families. If you choose to sell your property, your selected real estate agent will charge their normal commission in the usual way—there are no additional fees for using Ballarat Agent Match.

Rather than searching through dozens of agents yourself, we carefully match you with the agent who is best suited to your property, your location and the circumstances of your sale.