Apply for Probate
After a person who had a valid will dies, the first role of the executor/ trustee of the will is to make an application to the Supreme Court of Victoria for a grant of Probate. A probate document is required before an executor/ trustee can administer a will.
For assistance making an application for Probate contact Byrne Law on 0403 613 185.
What is Probate?
Probate is a document issued by the Supreme Court which confirms that the person who died had a valid will which can now be administered and distributed to the beneficiaries of that will. However, applying for Probate is not always necessary as it will very much depend on the size of assets that the deceased had prior to their death.
Byrne Law have extensive experience making applications for Probate.
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We know applying for Probate can be confusing. So we've prepared responses to many common questions about Probate applications, Probate documents and more.
FAQs
No, it is not always necessary to apply to the Supreme Court of Victoria for a grant of probate, as it will very much depend on the size of assets that the deceased had prior to their death.
In Victoria, if the deceased owned real property i.e. their own home or other property, then there is a requirement that a grant of probate is obtained. If the deceased did not own property or that property was transferred to another party by way of a survivorship application, then the Supreme Court do not require that probate be granted, however more and more these days financial institutions such as banks and share registries will require evidence of a grant of probate prior to releasing monies or selling shares.
For assistance making an application for Probate contact Byrne Law on 0403 613 185.
No, in the event a person dies without making a valid will, an administrator will be appointed (this role is very similar to that of the executor of a will).
The administrator is usually a close relative of the deceased i.e. a partner or child. The role of the administrator is to make an application for Letters of Administration (similar to a Grant of Probate) however the distribution of the estate will be according to the laws of intestacy and not what the deceased may have hoped for prior to passing.
For assistance creating a valid will or for questions regarding Probate contact Byrne Law on 0403 613 185.
This will depend on the executors/ trustees and the size of the estate.
This process can take any time from a few weeks to more than a month depending if the Court has further questions for the executor or the general case load of the Court.
Prior to commencing the application, there is a requirement that the executor of the will, through our guidance, advertise the application on the Supreme Court website. Once that is complete, we can then prepare affidavits for the executor to swear as well as confirm the assets and liabilities pertaining to the estate. The application together with supporting affidavits are then provided to the Supreme Court who will make the grant of probate.
For assistance making an application for Probate contact Byrne Law on 0403 613 185.
After the Supreme Court issues a Grant of Probate we are ready to start administering the estate of the deceased. This means that we work together with the executor/ trustee of the will to ensure that all the beneficiaries of the will receive the share provided for by the will maker, or deceased. During this time we also pay any bills, and attend to any outstanding debts as part of the estate.
Have more questions about Probate? Contact Byrne Law on 0403 613 185.
This will depend on the size of the estate. The application costs have significantly increased recently so we would need to ascertain what assets and liabilities formed the estate. Once we have met with the executor or trustee we will provide a fixed legal cost for our professional fees.
Have more questions about Probate? Contact Byrne Law on 0403 613 185.
