What is Probate?

Probate is the legal process of managing a deceased person’s estate. When someone passes away, they often leave behind property, assets, and debts that need to be handled. This entire collection is known as the person’s “Estate.”

If there is a valid Will, the process is called obtaining a “Grant of Probate.” If there isn’t a Will, the process is known as obtaining “A Grant of Letters of Administration.” Both of these processes are collectively referred to as “A Grant of Representation.” These grants give the Executor (named in the Will) or the Administrator (closest next of kin) the legal right to administer the deceased person’s estate.

Applying for a Grant of Representation

To obtain a Grant of Representation, an application must be made to the Supreme Court of Victoria. This grant allows the Executor or Administrator to manage and finalise the estate.

Do I need Probate in Victoria?

Probate is usually required when a person dies, and their estate needs to be finalised. If the deceased left a valid Will, the Executor named in the Will typically handles the estate. They will need to apply to the Supreme Court of Victoria for a Grant of Probate (also known as Grant of Representation) to legally administer the estate.

In cases where there is no valid Will, the closest next of kin is generally responsible for finalising the estate. They will need to apply for a Grant of Letters of Administration to do so.

However, if the assets are of nominal value or held in joint names, a Grant of Representation may not be necessary.

How Long Does Probate Take?

The time it takes to finalise an estate can vary, but it generally takes about a year for the Executor or Administrator to complete the process. Here’s a simple breakdown of the timeline:

1. Issuance of Death Certificate: Once the death certificate is issued, the application process can begin.
2. Identifying Assets and Liabilities: The Executor/Administrator must initially identify all assets and liabilities held by the deceased person.
3. Advertisement: An advertisement is placed on the Supreme Court website, alerting the public of the application. This must run for 15 days before filing the application with the Court.
4. Preparing the Application: Once the Death Certificate is issued and the assets and liabilities have been identified, Beaumaris Lawyers & Conveyancers can prepare the Grant of Representation Application.
5. Filing the Application: After the advertisement period, the application is filed with the Court.
6. Grant Issuance: The Court usually takes about 3-6 weeks to issue the Grant of Representation. If there is no Will, the timeframe can be shorter, sometimes even happening the same day the application is filed.

Finalising the Estate

Once the Grant of Representation is issued, the Executor or Administrator can begin administering the estate. This involves settling debts, calling in all assets according to the Will or intestacy laws, and completing any other necessary tasks to finalise the estate.

What is the time limit for executor to distribute a deceased estate in Victoria?

It is recommended that no distribution of the Estate takes place for a period of six-months after the date of Grant of Representation is made, as a claim could be made against the Estate for further provision.

Part IV of the Administration & Probate Act 1958 (Vic) allows an “eligible person” to bring a claim for further provision if they have either not received sufficient provision from the Estate or nothing at all.

Once the six-month limitation period has passed, the Executor/Administrator can administer the Estate according to the terms of the Will or pursuant to intestacy law.  If there is any variation required to this, a Deed of Family Arrangement will need to be entered into.

Claims Pursuant to Part IV of the Administration and Probate Act 1958 (Vic)

If you feel you been unfairly left out of a Will or received no provision at all and qualify to bring a claim, then Beaumaris Lawyers & Conveyancers can assist you in your claim against the Estate.

Understanding probate can help you navigate the process more smoothly during a challenging time. If you have any questions or need assistance with what probate involves, don’t hesitate to seek professional advice by contacting Beaumaris Lawyers & Conveyancers via email or call us on (03) 9589 5444.