Written by Justin Chua, Lawyer and Mediator, Chua Tan Associates · Last reviewed November 2026
An executor who lives overseas can still apply to the Supreme Court of Victoria for a grant of probate. Applications are currently made through the Probate Office's RedCrest-Probate online system: you first publish a notice of intention to apply online, then, at least 15 days later, file an affidavit sworn before a qualified witness, a scanned copy of the will, the death certificate and an inventory of assets and liabilities, and post the original will to the Court as directed. If a grant has already been made overseas, it may in some cases be possible to have it resealed in Victoria instead.
Can an executor living overseas apply for probate in Victoria?
Yes. Probate is the process by which the executor proves to the Court that the will is valid and obtains legal authority to administer the estate. Living in mainland China, Hong Kong, Taiwan or Southeast Asia does not prevent an executor from applying, but signing and witnessing documents, posting originals and dealing with the Court all take longer than they would from within Australia.
In practice, many overseas executors instruct a Victorian lawyer to prepare the documents and file them through the system, and only need to sign the affidavit before a witness where they live.
What are the main steps?
- Publish a notice of intention: Publish a notice of intention to apply for probate on the Court's website through RedCrest-Probate. The Court currently requires this at least 15 days before the application is filed.
- Prepare your documents: Prepare the executor's affidavit and the inventory of assets and liabilities in the system.
- Sign before a witness: The affidavit must be signed in front of a qualified witness.
- Upload and file: Upload scans of the signed affidavit, the will and any codicils, and the death certificate, and pay the Court fee.
- Post the originals: Post the original will and other documents as the Court directs. The Court confirms receipt by email.
- Answer requisitions: If the Court raises requisitions, they must be answered before the grant is made.
How should an affidavit be signed overseas?
According to the Supreme Court of Victoria, an affidavit signed outside Victoria can usually be witnessed by a person authorised to take affidavits under local law. Outside Australia, contact the nearest Australian embassy or consulate, or ask a local lawyer or a notary public, to confirm who can witness it.
Depending on where the document is signed and how it will be used, further authentication may be needed. For example, mainland China has applied the Apostille Convention (the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents) since 7 November 2023. Confirm before signing whether authentication is needed and which kind, so the documents are not sent back to be redone.
What should I know about the original will and the death certificate?
- Original will: The Court needs the original will to grant probate. If it is posted from overseas, arrange this carefully and keep copies so it is not lost or damaged. Do not remove staples or bindings, or add anything to the original.
- Death certificate: The Court requires a death certificate showing the cause of death. If it is in Chinese or another language other than English, a qualified English translation is usually needed, with the required certification or affidavit.
If a grant has been made overseas, can it be resealed in Victoria?
The Administration and Probate Act 1958 (Vic) allows grants made in other Australian states and territories, and in certain overseas jurisdictions specified by law, to be resealed in Victoria. The application must include the original grant, an exemplification or a copy sealed by the issuing court.
Whether the original jurisdiction is a specified one must be checked case by case. If the grant cannot be resealed, a separate probate application in Victoria is generally required.
If I cannot handle it myself, can I appoint an attorney or renounce as executor?
Two options are worth considering. First, the executor can give someone a power of attorney to apply on their behalf; the Court expressly accepts applications such as reseals made by an attorney. Second, the executor can formally renounce, so that another executor named in the will, or another person entitled by law, applies instead. Renunciation must be done using a document the Court accepts, and you should understand the consequences before deciding.
What affects how long it takes?
The Court does not publish a fixed processing time. In practice, the main factors are the time needed to sign, witness and authenticate documents overseas, posting the original will, translation quality, whether the will has execution defects or alterations, whether asset information is complete, and whether the Court raises requisitions. Preparing documents thoroughly at the start usually cuts down the back-and-forth.
Frequently asked questions
Does an overseas executor have to come to Australia?
Generally, no. The affidavit can be signed overseas before a qualified witness, and a Victorian lawyer can handle the rest through the online system.
Can I apply if the will is only in Chinese?
A will not in English usually needs a qualified English translation and supporting affidavit, and the Court may raise further questions about how the will was signed.
Does the notice of intention have to be advertised in a newspaper?
No. The notice is currently published on the Court's website through RedCrest-Probate, at least 15 days before the application.
How soon after the grant can the property be dealt with?
Once the grant is made, the executor can generally use it to transfer or sell property and close bank accounts, but time limits for creditors' claims and family provision claims still need to be considered.
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Chua Tan Associates has practised in Melbourne since 1990 and has long helped families in mainland China, Hong Kong, Taiwan, Macau and Southeast Asia with Victorian estates. Our firm has its own notary public to help with cross-border documents. We work in Mandarin and Cantonese and offer video consultations across Australia and overseas. You are welcome to Book a 30-minute paid consultation. If you instruct us, the consultation fee is credited to your first invoice. You can also read about our estate planning services and International Notary Services.
Address: Level 2, 262 Queen Street, Melbourne VIC 3000 | Phone: +61 3 9602 3988 | WhatsApp: +61 490 369 102 | WeChat: chuatan262
This article is general information only and is not legal advice. Do not rely on it to make any decision; please consult a lawyer about your circumstances. Information current as at November 2026.
Related services: Wills and Estates Lawyers Melbourne | Chua Tan Associates— wills, enduring powers of attorney, probate and cross-border estates.
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