Probate Lawyers Melbourne

Understanding the Probate Process in Victoria

Dealing with the loss of a loved one is challenging, and the added responsibility of managing their estate can be overwhelming. In Victoria, the probate process is a crucial step in settling the deceased person’s affairs. This short article provides an overview of probate in Victoria, aiming to simplify the complexities and clarify what’s involved.

What is Probate? Probate is a legal process where the Supreme Court of Victoria confirms that a will is valid and gives the executor the authority to manage the deceased’s estate according to the deceased’s last wishes set out in the will’s directives. It’s essentially the court’s recognition of the will as a public document.

When is Probate Required? Probate is not always required in Victoria. It typically depends on the types and value of assets the deceased had at the time of their death. Generally, if the deceased owned real estate in their name or had substantial funds in bank accounts, shares, or other valuable items, probate would likely be necessary.

What happens when a person dies intestate? When someone dies without a will (intestate), there can be many problems. The estate might not be distributed as the deceased wished, or an Administrator who did not want to take that role could do so with unpredictable consequences for the deceased and their estate.  Usually, an interested related party apply for Letters of Administration to obtain Grant of Representation to administer the Estate.

Challenging a will before probate is granted

If you believe you have an interest, you can challenge a will by lodging a caveat with the Registrar of Probates. If you plan on doing so, it is in your interest to obtain expert professional legal advice to guide you through the estate dispute process. There are strict time limits, so urgent action is needed if you plan to challenge a will as a potential beneficiary.

Is it possible to challenge a will after probate has been granted? A probate that has been granted can be challenged by filing a summons in the proceeding in which it was granted. However, the onus lies with the challengers; they must be able to show grounds for revocation of the grant and explain their failure to challenge before the probate was granted.

The Probate Process

Locating the Will: The first step is locating the deceased’s most recent will. This document usually names the executor.

Application for Probate: The executor named in the will applies for probate. This involves submitting specific documents to the Supreme Court, including the original will, a death certificate, and an inventory of the deceased’s assets and liabilities.

Advertising the Intention to Apply: Before applying, the executor must advertise their intention to apply for probate, allowing anyone with a claim against the estate to come forward.

Court Assessment: The Supreme Court assesses the application. If everything is in order, the Court grants probate.

Estate Administration: Once probate is granted, the executor can proceed with administering the estate. This includes paying any debts and distributing the estate’s assets to the beneficiaries as per the will.

The Role of a Probate Lawyer: The process can be complex, especially for larger estates or if the will is contested. A probate lawyer can provide invaluable assistance, offering expert advice and handling legal matters, ensuring compliance with all legal requirements.

How Long Does Probate Take in Victoria?

The time frame can vary significantly. Generally, it might take several weeks from the date of application to when probate is granted, depending on the court’s schedule and the complexity of the estate.

Costs Associated with Probate: Legal costs can include court fees, legal fees and other administrative expenses. These costs are usually paid out of the estate.

Probate in Victoria is a vital process in estate management. While it can be complex, Velos & Velos Lawyers with their vast experience in this area of the law, help clients to understand the whole probate process and to better navigate these responsibilities during a difficult time. Executors are advised to seek legal counsel to ensure a smooth and compliant probate process, honouring and defending the Will and its contents, being the wishes of their loved ones with respect and diligence.

What are letters of administration?

A letter of administration is a legal document issued by a probate court, being the Supreme Court of Victoria, that grants an individual the authority to administer the deceased estate of a person who has died without a valid will. This individual, often referred to as the “administrator” or “personal representative,” is typically a close relative of the deceased, such as a spouse, adult child, or parent. The letter of administration enables the administrator to manage and distribute the deceased’s assets according to the laws of intestacy, which govern the distribution of assets when there is no will. Find out more by reading our article on Letters of Administration in Victoria.

Contact us for Probate Legal Services

As probate lawyers in Melbourne with extensive experience, we’re here to assist with the entire probate process to ensure your rights and interests are protected and the probate process runs as smoothly and stress free as possible.

If you need a probate lawyer in Melbourne, take urgent action by calling our law firm on (03) 8379 1000 for expert advice or using the Contact page link above for urgent matters.

For more information on our wide range of services, visit our Wills and Estates Lawyers page and our Family Lawyers page.