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Series VPRS
28
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Probate and Administration Files
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| Date Range: |
Series |
Circa 1841 - 2009 |
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Series in Custody |
1841 - 2009 |
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Contents |
1841 - 2017 |
| 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
Refer to https://www.prov.vic.gov.au/explore-collection/explore-topic/wills-and-probates for information about how to use and access the records in this series.
- Function / Content
The records in this series consist of Probate and Administration Files that document applications lodged to the Supreme Court 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.
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.
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
- Affidavits of attesting witnesses
- Documents providing proof of death and accounts relating to the estate.
Prior to 1992, wills were generally filed separately from the Probate and Administration Files. Wills from 1853-1992 can be found in VPRS 7591 Wills. The last will located in Consignment P0018 of VPRS 7591 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.
For Probate and Administration Files from 2009 onwards, refer to VPRS 17379 Probate and Administration Files (CourtView).
- 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 - 2009
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.
Controlling Series & Indexes
This series 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 was created, VPRS 3340 Index to Probates and Administration Issued (Microform Copy of the Probate Index and VPRS 262). The 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. This index is a microfiche copy of the original Probate Index which remains in the custody of the Probate Office.
PROV has compiled an online index to search the records in this series. Additionally, Wills, Probate and Administration records from 1841 - 1925 have been digitised and are available to view online. The online index is located here:
P0000, P0001 & P0002 Consignments
The P0000 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 P0000 consignment have subsequently been transferred to PROV and are found in the P00001 or P0002 consignments.
P0032 Consignment
A spot check of this consignment conducted by PROV revealed some processing anomalies, which include:
1. Files which were listed for transfer but were missing from the consignment have been replaced with a Probate Issue "file marker" indicating the file was issued.
2. Files with multiple parts have not had their additional parts recorded and are not bundled with the original file.
3. Files which were removed and were not listed in the consignment details, have been inserted into the numeric file number sequence.
For Probate and Administration Files from 2009 onwards, refer to VPRS 17379 Probate and Administration Files (CourtView).
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| 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 |
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