Probate and Letters of Administration in Melbourne

Practical help for executors and families dealing with an estate after a death.

Losing someone is hard enough without the paperwork that follows. When a person dies, someone has to take responsibility for their estate. This means collecting their assets, paying any debts, and passing on what remains to the people entitled to it. In most cases the first legal step is obtaining a grant from the Supreme Court of Victoria. This is either probate or letters of administration.

Hendersons Legal guides executors and families through this process. We prepare and lodge the application, deal with the court, and advise on the administration of the estate from start to finish. We explain each step in plain language and take the load off you at a difficult time. This page is part of our wider wills and estate lawyers Melbourne practice.

What Is Probate?

Probate is the Supreme Court’s confirmation that a will is valid and that the executor named in it has authority to deal with the estate. Once probate is granted, banks, share registries and Land Use Victoria will deal with the executor and release or transfer the deceased’s assets.

Not every estate needs a grant of probate. Whether it is required depends on the assets involved. Small estates, or assets held jointly that pass automatically to the surviving owner, can sometimes be dealt with without one. Where the deceased held property in their sole name, or had significant funds with a bank or share registry, a grant is usually needed. We can tell you early on whether probate is required in your case.

What Are Letters of Administration?

If a person dies without a valid will, they are said to have died “intestate”. There is no executor, so a suitable family member applies to the court for letters of administration instead. This appoints them as administrator and gives them authority to deal with the estate, which is then distributed according to Victoria’s intestacy rules rather than according to a will.

There is an order of priority for who can apply, starting with the surviving spouse or domestic partner, then children, and then other relatives. We advise on who is entitled to apply and prepare the application for you.

Who Inherits When There Is No Will

Victoria’s intestacy rules set out a fixed order of who receives the estate. In broad terms:

• If there is a partner and no children, the partner receives the whole estate.
• If there is a partner and children, and all the children are also the partner’s children, the partner still receives the whole estate.
• If there is a partner and children, and some children are from another relationship, the partner receives the deceased’s personal belongings, a set “statutory legacy” (currently $591,390, indexed each year) plus interest, and one half of the remainder. The other half is shared between the deceased’s children.
• If there is no partner, the children share the estate equally. If there are no children, the estate passes to other relatives in a set order.

These rules can produce results that would have surprised the deceased, which is one of the best reasons to have a will. If you are dealing with an estate where there is no will, we will work out exactly who is entitled and guide you through the administration. If you would rather decide these things yourself, see our will drafting and powers of attorney page.

How Long Does Probate Take in Victoria?

Timeframes vary with the estate and the court’s workload. Before an application can be lodged, notice of the intention to apply must be advertised on the Supreme Court website for at least 15 days. Once a complete application is lodged, the court usually issues the grant within a few weeks. It can take longer if the court raises questions about the will or the paperwork.

As a general guide, an uncontested grant often takes around four to eight weeks from lodging, on top of the earlier work of gathering the death certificate, the original will and details of the assets. Administering the estate in full, and distributing it safely, usually takes several months longer. We keep things moving and keep you updated as we go.

How We Help Executors and Administrators

Being an executor or administrator carries real legal responsibility, and mistakes can leave you personally exposed. We take that risk off your shoulders. We can:

• Advise whether a grant of probate or letters of administration is needed
• Prepare and lodge the application with the Supreme Court of Victoria
• Deal with any requisitions the court raises
• Advise on identifying and collecting the assets of the estate
• Advise on paying debts, tax and liabilities in the correct order
• Advise on distributing the estate correctly to the people entitled to it
• Arrange transfers of real estate, including transmission and survivorship applications on title
• Advise executors and trustees on their reporting and accounting duties and on what documents beneficiaries are entitled to see
• Advise where a family provision claim is threatened or made against the estate

If a dispute arises during the administration, whether a claim against the estate or a disagreement between an executor and beneficiaries, we can act through our estate disputes service.

Why Choose Hendersons Legal

We are based in Melbourne’s CBD and just a short walk from the Supreme Court. We have handled estates of every size since 2001, from simple ones to large estates involving companies and trusts. You get qualified lawyers doing the work, fees quoted before we start, and a firm that answers the phone. Much of the process can be handled by phone, email and post, you do not need to come into the city unless you want to.

Frequently Asked Questions

How It Works

To get started, contact us by phone or complete our online enquiry form with a few details about the estate. We will confirm what is needed, provide a fee estimate, and get the application underway, keeping you informed at every stage.