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Series VPRS
28
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Probate and Administration Files
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| Date Range: |
Series |
Circa 1841 - cont |
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Series in Custody |
1841 - 2007 |
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Contents |
1841 - 2007 |
| Public Access: |
Part Open |
| Location: |
North Melbourne |
| Format of Records: |
Physical |
  | Agency which created this SeriesAgency which created this Series |
Date Range
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Agency Title
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Agency Number
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| 1841 - 1852 |
Supreme Court of N.S.W. for the District of Port Phillip |
VA 914 |
| 1852 - 1948 |
Master in Equity, Supreme Court (also known as Master in Equity and Lunacy 1867-1923) |
VA 2624 |
| 1948 - 1960 |
Master of the Supreme Court |
VA 2613 |
| 1960 - cont |
Registrar of Probates, Supreme Court |
VA 2620 |
| Agency currently responsible for this SeriesAgency currently responsible for this Series |
| Description of this SeriesDescription of this Series |
- How to use the Records
The 1841 - 1925 portion of series has been digitised and is gradually being made available online. Access to the digitised records is available via the physical records details pages. You can use an online index to search for records here:
http://prov.vic.gov.au/index_search?searchid=54
The digitisation of VPRS 28 was a joint project between the Genealogical Society of Utah and Public Record Office Victoria, undertaken from 2004 - 2011. (Researchers should note that during this project, some records could not be digitised as they required conservation. As of June 2012, conservation work is ongoing. The records will become available online once conservation and digitising is complete.)
The remainder of these instructions relate to searches for records from 1926 onwards. Links to detailed searching instructions for will and probate records can also be found here:
http://prov.vic.gov.au/research/wills-and-probate
Consult the microfiche VPRS 3340 Index to Probates and Administrations Issued, available in PROV reading rooms. The Index is arranged alphabetically by name of the deceased within the following date ranges:
1841-1853, 1853-1888, 1889-1899, 1900-1909, 1910-1919, 1920-1939, 1940-1949, 1950-1959, 1960-1969, 1970-1992
The date ranges above refer to the date of grant of probate. Note that there is sometimes a considerable gap between the date of death and the date of the grant.
1841 - 1969
Note the (probate) series number and the record number in the two left hand columns of the Index and the nature of the Grant (usually Probate or Administration).
1970 - 1992
Note the (probate) series number, the record number, the series number, VPRS 28, consignment and unit number in the right-hand columns of the Index, under heading Reference and the nature of the Grant (usually Probate or Administration).
1993 - ct
For probates granted from 1993 onwards, you will be able to search online either by name, file number, occupation, or place of death.
From 4 March 1992, probate papers and wills (where applicable) were filed together in VPRS 28. VPRS 7591 Wills ceased with Probate Office file 1051/145.
The last file number of 1992, 1064/29, was also the last file number to be divided into "series" and "sequential number". The next file number is 1064030, followed by 1064031 and so on.
P0025 and onwards
The records in these consignments has been described by PROV in the following manner:
Item Details 1: Probate Number;
Item Details 2: Family Name;
Item Details 3: Given Names;
Item Details 4: Last Place of Residence;
Item Details 5: Occupation / Description;
Item Start Date 1: Date of Death;
Item End Date 1: Date of Grant.
Where the 'Date of Death' and 'Date of Grant' appear with an identical date it should be noted that this anomaly has been imposed by PROV to satisfy software constraints. On these occasions the 'Date of Death' is unknown to the Probate Office Victoria.
P0032 Consignment
A spot check of this consignment revealed some processing anomalies, these include:
1. Files which were listed for transfer but missing from the consigment when transferred to PROV and have been replaced with a Probate Issue "file marker" indicating the file to be out on issue prior to transfer;
2. Files with multiple file covers, possible subject of a court hearing, have not had there additional files recorded and are not bundled with the original file.
3. The were instances of files which may have been removed, possible subject to a court hearing, are not listed in the consignment details, but have been inserted into the numeric file number sequence.
It is not known how extensive these issues are throughout the series.
- Function / Content
This series contains Probate and Administration files that document the application to the Registrar of Probate for the granting of Probate and Letters of Administration. Applications were required to be made for the granting of Probate or Letters of Administration where the value of assets belonging to an estate exceeded a set amount. Estates with assets valued below this amount could be executed without a grant of Probate or Letters of Administration as they would be granted as a matter of course. For estates valued above the amount, the assets were frozen by the bank or other institution holding the assets until a grant of Probate or Letter of Administration was made. The maximum value of estates not requiring probate was $5000 in 1986.
The Registrar of Probate made a grant of Probate to the executor of an estate where a will had been prepared by the deceased or issued Letters of Administration for the administrator of an intestate estate. An intestate estate is the estate of a person who had not made a will before they died.
When making an application for probate of a will, the executor was required to provide evidence that a number of tasks had been completed. The Probate and Administration files contain this evidence and details of other administrative action which culminated in the granting of Probate or Letters of Administration. The executor/administrator was required to give 14 days notice of intention to apply for Probate or Administration.
The application included:
publication of a notice of intent to apply for grant of probate;
- an inventory of the estate;
- an Affidavit of Executor/Executrix or Administrator/Adminstratrix;
- an Affidavit of searches for other wills or caveats;
- affidavits of attesting witnesses;
- a Praecipe for grant of Probate or Letters of Administration and other supporting documentation such as accounts relating to the estate, or proof of death. An application for a grant of Probate also contained the will of the deceased. After about 1922 some copies of wills may be found filed with the other papers relating to the estate. However generally the wills were filed separately from the rest of the file and can now be found in VPRS 7591.
From 4 March 1992, when flat files (rather than folded) were introduced in the Probate Office, wills and probate files were kept together and transferred to PROV in VPRS 28 Probate and Administration Files. The last will filed in VPRS 7591/P18 is 1051/145.
Non-Issues
In some cases the process of applying for the Grant was aborted and Probate was not granted. This could be because a named executor had died in the midst of the process of applying for the Grant, or another Will had been found, or the documentation was incomplete or incorrect, or a caveat had not been acted on or reissued (a caveat lasts six months unless renewed). In these cases the documentation that had been completed as part of the process was described as "NON-ISSUE". These papers can be found in VPRS 7933 Non Issued Probate Applications.
The P consignment of this series includes files dating from 1841 to 1922. However various documents from each file were retained by the Probate Office. Those documents retained included:
- the will,
- the executors affidavit,
- the grant of Probate or Letter of Administration
- the inventory of the Estate.
The remaining portions of each file in the P consignment have subsequently been transferred to PROV and are found in the P1 or P2 consignments. Therefore a search for Probate and Administration papers for the period 1841 - 1922 will return results from the P consignment of VPRS 28 as well as the P1 to P4 consignments.
- Recordkeeping System
There were three different numbering systems used to identify the Probate and Administration files and the wills.
1841 to 1853
The first is a sequential numbering system containing two " series "; A and B
- series A has sequential numbering from 1 to 412,
- series B has sequential numbering from 1 to 210.
For example, A/121 is the 121st file in series "A".
Copies of wills relating to these numbers are found in volumes A and B respectively of VPRS 27 Transcriptions of Wills (see microfilm VPRS 525).
1853 - 1992
As of March 1853 the numbering system was still sequential but the files were divided into "series" of 1000. The file has a dual number:
- the first being the number of the "series",
- and the second being the sequential number within the sequence 0 to 999.
For example, 109/291 is the 292nd file in the 109th "series".
1993 - ct
From 1993 a single number sequence was used. The last file number to be divided into "series" and "sequential number" is 1064/29. The next file number is 1064030, followed by 1064031 and so on.
VPRS 28 is controlled by VPRS 261, Register of Probates and Administrations Issued, and an index to the registers and files is contained in VPRS 262, Index of Probates and Administrations Issued.
Subsequently a further index, VPRS 3340 Index to Probates and Administration Issued (Microform Copy of the Probate Index and VPRS 262) also known as the Probate Index, Victoria, was compiled by the Probate Office. The original remains in the custody of the Probate Office. A microfiche copy of the index is available in PROV reading rooms. This index is arranged alphabetically within time periods according to the date of the Grant of Probate or Letters of Administration. There is sometimes a considerable gap between the date of death and the date of the grant.
There is a detailed list of abbreviations used by the probate office available in each search room.
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