Probate and Administration Files (CourtView)
||2009 - cont
||Series in Custody
||2009 - 2016
||2005 - 2016
|Format of Records:
|Agency which created this SeriesAgency which created this Series|
|Agency currently responsible for this SeriesAgency currently responsible for this Series|
|Description of this SeriesDescription of this Series|
- How to use the Records
Search or browse to identify records of interest. Search terms can include name of the deceased, file number or occupation.
NOTE: Probate and Administration Files from 2017 onwards are not in PROV custody. Please contact Probate Office, Supreme Court to access these records.
- Function / Content
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.
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 yet were not finalised by the court until after CourtView was implemented.
Applications for Probate or Letters of Administration include the following documents:
- an Inventory of Assets and Liabilities
- an Affidavit of Executor / Administrator
- an 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 Victorias collection can be accessed, regardless of this label.
- Recordkeeping System
Applications are assigned an Annual Single Number System in the CourtView System at the time the application is lodged at the Probates Office.
All file numbers issued from the CourtView System related to Probates have a prefix of S PRB (Supreme Court, Probates).
For example, S PRB 2013 13061 is the 13,061st file issued in 2013 by the Supreme Court related to Probates.
CourtView was introduced to the Supreme Court of Victoria in September 2009. It is an electronic case management system used by all areas of the Supreme Court of Victoria to initiate new proceedings and issue a proceeding number, to keep an electronic record of all documents lodged, orders authenticated and correspondence sent in relation to a matter, to receive fees and to schedule hearings in relation to Court proceedings.
The information on CourtView is intended to be a summary of the information available on the physical file.
Each area of the Court that uses Courtview has a unique variation on the proceeding numbers issued. For example, Probate matters all begin with the prefix S PRB, civil matters in the trial division all begin with S CI and criminal matters all have the prefix S CR.
Since April 2012 the Coroners Court of Victoria have also been using CourtView as their case management system. As at May 2015, no other Courts within Victoria are using CourtView.
|More research resourcesMore research resources|
|Indexes and RegistersIndexes and Registers|
|Controlled SeriesControlled Series|
|Previous SeriesPrevious Series|
|Subsequent SeriesSubsequent Series|
|List/s of records in this seriesList/s of records in this series|
|Indexes and RegistersIndexes and Registers|
|More research resourcesMore research resources||