Deceased Estates
Entrusted with managing a loved one's Estate?
We provide expert legal guidance to help executors fulfill their duties, protect beneficiaries, and settle affairs smoothly.
Does the deceased have a will?
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→ Grant of Probate
Authorises the Executor named in the Will to collect assets, pay Estate liabilities, and distribute remaining wealth according to the deceased's specific wishes.
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→ Letter of Administration
Authorises an eligible next of kin (Administrator) to manage and distribute the deceased's assets according to Victorian intestacy laws when no valid Will exists.
Applying for a Grant of Probate
Being named an Executor is an honor, but administering an Estate comes with legal responsibilities and personal liability. We handle the complex Supreme Court application process so you don't make costly mistakes.
Supreme Court Advertising & Filings: Managing mandatory public notices on the Supreme Court portal and drafting formal legal affidavits.
Asset & Debt Inventory: Liaising with banks, super funds, share registries, and real estate agents to formalise Estate balances.
Executor Liability Shield: Ensuring all debts, tax obligations, and statutory claim periods are satisfied before any funds are distributed to beneficiaries.
Letters of Administration & Intestacy
If your loved one passed away without a Will, Victorian law (Administration and Probate Act 1958) sets out strict formulas for who can apply to administer the Estate and who inherits the assets.
We guide families through the Letters of Administration process below—helping you navigate complex family dynamics, prove kinship to the Court, and ensure assets are legally transferred to the rightful beneficiaries without unnecessary delays.
Letters of Administration & Court Applications: Preparing all Supreme Court documents, inventory of assets, and legal notices.
Asset Realisation: Closing bank accounts, selling or transferring shares, and distributing personal belongings.
Tax & Debt Settlement: Coordinating with accountants to finalise final tax returns and discharge Estate liabilities.
Beneficiary Distribution: Ensuring smooth, legally binding asset transfers to prevent post-distribution disputes.
Why Our Clients Recommend Our Personal Approach
I am glad I came across this wonderful firm and was happy to drive from the other side of Melbourne to see them, it was worth it! Wishing them all the best for the future.
It’s not the easiest when making a Will but the empathy, with factual information and support from Nadya, made it really easy and seamless for me. Thank you!
She was really thorough and her communication was excellent. We really appreciate it.
I truly appreciate their professionalism, expertise, and compassion every step of the way, and I always felt supported. Thank you for everything you have done.
Thank you both for making this process so seamless and easy to understand. You both are the best!
Your life’s work deserves a secure future.
From protecting your assets and loved ones to navigating the complexities of inheritance, our Wills & Estates specialists provide thoughtful advice across all stages of your Estate journey.
Frequently Asked Questions
Once an application is lodged, the Supreme Court usually reviews a straightforward one within 2–6 weeks, though a mandatory 14-day notice period applies before you can even lodge it. Most executors then wait a further six months after the grant before distributing the Estate, so the full process typically runs several months to a year.
Not necessarily. Whether probate is required depends on the type and value of the assets, and the requirements of the organisations holding those assets, rather than the overall size of the Estate.
For example, assets held solely in the deceased's name, such as real estate or significant bank accounts, may require a Grant of Probate before they can be transferred. Smaller bank balances or jointly owned assets may not require probate, as each financial institution has its own policies and thresholds.
Before taking any steps, it is important to identify the assets comprising the Estate and confirm the requirements of the relevant banks, financial institutions and other asset holders.
A probate lawyer can help determine whether a Grant of Probate is necessary in your particular circumstances.
No. Institutions such as banks, land registries, and super funds freeze accounts and property until the Supreme Court officially issues a Grant of Probate or Letters of Administration.
Both Probate and Letters of Administration are grants issued by the Supreme Court of Victoria that give someone the legal authority to administer a deceased person's Estate.
Probate is required when the deceased left a valid Will appointing an executor who is willing and able to act. The Court confirms the validity of the Will and authorises the executor to administer the Estate.
Letters of Administration are required where there is no valid Will, or where no executor has been appointed or is able to act. The Court appoints an administrator to manage the Estate and distribute the assets in accordance with the law. The application process is similar to probate, but additional requirements may apply.
Under Victorian law, the closest living next-of-kin—typically a surviving spouse, domestic partner, or adult child—has the legal right to apply to the Supreme Court to administer the Estate.
All reasonable legal fees incurred to obtain Probate and administer the Estate are paid directly out of the deceased Estate's assets—not out of the Executor’s personal pocket.
If an eligible person files a Family Provision Claim, Estate distributions must be paused immediately. We advise executors on legal defense strategies and statutory holding periods to protect the Estate.
Executors are generally not personally responsible for debts. However, they can become personally liable if they distribute Estate funds to beneficiaries before paying off known debts or before statutory claim deadlines pass.
You will need the original Will, official Death Certificate, a complete list of assets (bank statements, property titles, share certificates), and details of any outstanding debts or funeral invoices.
Under the traditional "executor's year" guidance, executors should aim to administer the Estate within 12 months. Most straightforward Victorian Estates are finalised within 3 to 9 months after Probate is granted.