Supporting Executors through the Probate process

A Grant of Probate is issued by the Supreme Court of Victoria. It confirms that the Will is valid and that the Executor named in the Will has authority to collect, manage and distribute the deceased person's estate.

Is Probate Always Required?

Not every estate requires Probate. The need for a grant depends on the nature, value and ownership of the assets and the requirements of banks and other asset holders. Jointly held assets may pass to the surviving owner, while real estate held solely or as a tenant in common will generally require a grant.

The Probate Process

1. Review the Will and Confirm the Grant

The original Will and any codicils are reviewed to confirm the Executor and whether Probate is the appropriate application.

2. Identify the Estate

The Executor obtains the death certificate and identifies the deceased's assets, liabilities, property, investments, business interests and taxation matters.

3. Publish the Notice

A notice of intention to apply must be published through RedCrest-Probate at least 15 days before the application is filed.

4. Prepare and File the Application

The application, affidavit and inventory are filed with the Supreme Court. Any requisitions from the Probate Office must be answered before the grant is issued.

5. Administer the Estate

After Probate is granted, the Executor can collect assets, pay valid liabilities, deal with property and distribute the estate according to the Will.

Duties of an Executor

An Executor must act in the interests of the estate, protect assets, keep proper records, identify beneficiaries, pay debts and taxation, consider potential claims, avoid conflicts and distribute the estate correctly. An improper distribution or serious breach of duty may expose an Executor to personal liability.

How We Can Help

◆ Reviewing the Will and determining whether Probate is required

◆ Conducting searches, publishing the notice and preparing the application

◆ Responding to Probate Office requisitions and advising on Executor duties

◆ Dealing with banks, estate property and beneficiaries

◆ Paying liabilities, preparing estate accounts and distributing the estate

Complex Probate Matters

Additional evidence or advice may be required where the original Will is missing, damaged, altered or improperly witnessed; there are multiple Wills; an Executor cannot act; a beneficiary cannot be located; the estate includes overseas or business assets; or a caveat, capacity concern or estate dispute has arisen.