Hemmings Legal

When a loved one passes away, dealing with their estate can feel overwhelming. One of the first legal steps that may be required is probate. Understanding what probate is and when it applies can help families manage the process with more confidence.

At Hemmings Legal, we guide clients through probate and estate administration in Victoria. Here is what you need to know.

What is Probate?

Probate is a legal process where the Supreme Court of Victoria confirms that a Will is valid and appoints the executor named in the Will to manage the estate. Once probate is granted, the executor has the authority to collect assets, pay debts, and distribute the estate according to the Will.

Without probate, banks, land registries, and share registries may refuse to release funds or transfer property.

When is Probate Required?

Probate is not always necessary, but it is generally required when:

• The deceased owned real estate in their sole name.
• Bank accounts hold more than a modest amount (banks each set their own limits).
• The deceased held shares, managed investments, or other significant assets in their name.

If most assets were owned jointly, they usually pass automatically to the surviving joint owner without probate.

For a broader understanding of Wills and estate planning, read our post on why every adult needs a Will in Victoria.

The Role of the Executor

The executor is the person named in the Will to carry out the deceased’s wishes. Their responsibilities often include:

• Locating and safeguarding assets.
• Applying for a grant of probate.
• Paying funeral expenses, debts, and taxes.
• Distributing the estate to beneficiaries.

Being an executor is a serious responsibility. If you have been appointed, it is wise to seek legal advice early to avoid mistakes or delays.

How Long Does Probate Take in Victoria?

The timeline can vary, but most probate applications take several weeks from the date of filing. More complex estates, disputes, or missing documents can cause delays. Once probate is granted, distributing the estate usually takes several more months.

Executors may also need to manage trusts created under a Will. Learn more in our article on Testamentary Trusts.

Do You Always Need a Lawyer for Probate?

While it is possible to apply for probate yourself, many executors prefer to work with a lawyer. This ensures the application is correct, reduces stress, and avoids delays caused by errors. At Hemmings Legal, we handle probate applications efficiently, allowing families to focus on what matters most.

Key Takeaway

Probate in Victoria is a court process that confirms the validity of a Will and gives the executor the authority to act. While it can seem daunting, with the right guidance it becomes a straightforward part of estate administration.

---

Need Help with Probate?

At Hemmings Legal, we have extensive experience guiding executors and families through the probate process in Victoria. Contact us today for clear, supportive advice tailored to your circumstances.