Victorian probate guidance
Probate and estate administration, handled with care.
When someone dies, the legal steps can feel unfamiliar and time-sensitive. Probate Lawyer helps executors and families understand the probate or letters of administration process, deal with estate assets, and move the administration forward with clear legal guidance.
Getting started
When you may need probate
Releasing estate assets
Probate may be required before banks, share registries, aged-care providers or land registries will release or transfer assets held in the deceased's name.
Where there is no will
Letters of administration may be needed where a person dies without a valid will, so that an eligible person can lawfully administer the estate.
It depends on the estate
The right process depends on the will, the assets involved, the executors named and the family circumstances. Early guidance helps identify what is actually required.
Scope
What we help with
Grants of probate in Victoria
Letters of administration
Executor guidance
Estate asset collection
Bank, share and property requirements
Retirement village and aged-care estate issues
Superannuation death benefit issues
Beneficiary and family questions
Process
How it works
- 1
Tell us about the estate
Share the situation, the people involved and any documents you already have.
- 2
We review the will, assets and documents
We identify what type of application is needed and any early legal issues to address.
- 3
We prepare the probate or administration application
We prepare the affidavits and Court documents and lodge the application in the Supreme Court of Victoria.
- 4
We guide the next estate-administration steps
Once granted, we help with collecting assets, dealing with institutions and moving the administration forward.
Who we help
Practical support at a difficult time.
Every estate is different. We work with the people who most often need clear direction after a death — from executors dealing with paperwork for the first time, to beneficiaries who simply want to understand what happens next.
- Executors named in a will
- Next of kin where there is no will
- Family members helping an executor
- Beneficiaries seeking clarity
- People dealing with banks, property, aged care or superannuation after a death
Costs and scope
Clear scope and costs before work begins.
We will explain the likely scope of work and costs before you decide whether to proceed. Probate and estate-administration costs depend on the documents available, the estate assets, whether there is a valid will, and whether any issues or disputes arise.
Why Probate Lawyer
A calm, considered approach.
FAQ
Common questions about probate
What is probate?
Probate is a Supreme Court order confirming that a person's will is valid and that the named executor has authority to administer the estate. It allows the executor to collect assets, pay debts and distribute the estate in accordance with the will.
When is probate required in Victoria?
Probate is often required before banks, share registries, superannuation funds, aged-care providers or Land Use Victoria will release or transfer significant assets held solely in the deceased's name. Whether it is required depends on the type and value of assets and each institution's requirements.
What if there is no will?
Where there is no valid will, an eligible person (usually the next of kin) can apply for letters of administration. The estate is then distributed according to the intestacy rules set out in Victorian legislation.
How long does probate take?
Timeframes vary with the completeness of the documents, the assets involved and the Supreme Court's current processing times. Straightforward applications commonly take a number of weeks from lodgement, but more complex estates can take longer.
What documents are needed for probate?
Typically the original will and any codicils, the death certificate, identification for the executor, and details of the estate's assets and liabilities. Additional documents may be needed depending on the estate.
Can an executor apply for probate without a lawyer?
Yes, an executor can apply directly to the Supreme Court. Many executors choose to use a lawyer to reduce the risk of delays, requisitions from the Court, or personal liability arising from administration errors.
What does an executor have to do after probate is granted?
The executor collects the estate assets, pays debts, tax and expenses, keeps proper records, and then distributes the remaining estate to the beneficiaries in accordance with the will.
What if there is a dispute between family members?
Disputes may involve the validity of the will, an executor's conduct, or a claim by an eligible person for further provision from the estate. Early legal advice can help identify options and time limits.
Does superannuation form part of the estate?
Superannuation does not automatically form part of the estate. Whether it is paid to the estate or directly to a dependant depends on the fund's rules and any binding nomination in place at the date of death.
How much does probate legal advice cost?
Costs depend on the documents available, the estate assets, whether there is a valid will, and whether any issues or disputes arise. We will explain the likely scope of work and costs before you decide whether to proceed.
Need help with probate or estate administration?
Tell us what has happened and we will help you identify the next legal step.
Email enquiries@probatelawyer.net.au