{"id":23288,"date":"2026-11-05T01:40:36","date_gmt":"2026-11-04T14:40:36","guid":{"rendered":"https:\/\/chuatan.com.au\/overseas-executor-victoria-probate\/"},"modified":"2026-11-05T02:22:59","modified_gmt":"2026-11-04T15:22:59","slug":"overseas-executor-victoria-probate","status":"publish","type":"post","link":"https:\/\/chuatan.com.au\/en\/overseas-executor-victoria-probate\/","title":{"rendered":"Overseas Executors Applying for Probate in Victoria: Process and Common Questions"},"content":{"rendered":"

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.<\/p>\n\n

Can an executor living overseas apply for probate in Victoria?<\/h2>\n

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.<\/p>\n

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.<\/p>\n\n

What are the main steps?<\/h2>\n
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  1. Publish a notice of intention:<\/strong>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.<\/li>\n
  2. Prepare your documents:<\/strong>Prepare the executor's affidavit and the inventory of assets and liabilities in the system.<\/li>\n
  3. Sign before a witness:<\/strong>The affidavit must be signed in front of a qualified witness.<\/li>\n
  4. Upload and file:<\/strong>Upload scans of the signed affidavit, the will and any codicils, and the death certificate, and pay the Court fee.<\/li>\n
  5. Post the originals:<\/strong>Post the original will and other documents as the Court directs. The Court confirms receipt by email.<\/li>\n
  6. Answer requisitions:<\/strong>If the Court raises requisitions, they must be answered before the grant is made.<\/li>\n<\/ol>\n\n

    How should an affidavit be signed overseas?<\/h2>\n

    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.<\/p>\n

    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.<\/p>\n\n

    What should I know about the original will and the death certificate?<\/h2>\n