PROBATE & ESTATE ADMINISTRATION · VICTORIA

Help! I’m an executor.
What next?

Someone has trusted you with an important job. You may also be grieving. You don’t have to work everything out today.

Start with a few practical steps. We’re here when you need a hand.

You can start with “I don’t know.”

You don’t need a neat folder or all the answers before contacting us. Bring what you have. We’ll help you work out the next step.

YOUR STARTING POINT

A little less overwhelming. One tick at a time.

A first-steps checklist for executors in Victoria. Some tasks can happen together, and the right order depends on the estate. Tick the boxes as you go.

Find the original Will
Check for any separate documents that change an existing Will (called codicils), and check who is appointed as executor. Keep the original documents safe and unaltered. Attend to immediate arrangements
Check any funeral wishes and arrange care for pets, dependants and the home where needed. Protect property and belongings
Secure the home and valuables. Contact the insurer about cover, particularly if the property is now vacant. Arrange the death certificate
The funeral director can usually help explain how the official certificate is obtained. Start a list of assets and debts
Gather property details, bank statements, loans and other records. Keep a record of estate expenses and receipts. Check whether a grant is needed
This depends on the assets, how they were owned and what the organisations holding them require. Ask for advice before distributing anything.

Your ticks are a temporary guide on this page. They are not submitted to Hemmings Legal or saved as a client record.

Before you give anything away

Get advice about debts, tax, possible claims and the timing of distributions. Keep estate money separate from your own.

ANSWERS WITHOUT THE LEGAL FOG

What would you like to understand?

What is probate?

A grant of probate is a Court document confirming the Will is valid and the appointed executor can act. It allows the executor to deal with assets for which proof of that authority is required.

Do I need probate?

Not every estate needs a grant. The assets, ownership arrangements and requirements of banks and other asset holders matter. We can help you check.

What if there’s no Will?

Letters of administration may be needed. This is a Court appointment authorising a person to manage the estate. Who can apply, and who inherits, depend on the circumstances and the rules that apply.

What should I bring?

Bring the Will and any separate documents changing it (called codicils), the death certificate if available, your identification, a list of assets and debts, and contact details for executors and beneficiaries. Start with what you have.

How long will it take?

Timing depends on the documents, the Court’s review and any complications. Collecting assets, resolving liabilities and distributing the estate can take longer than obtaining the grant. We can explain the likely stages for your matter.

What will it cost?

Our listed professional fee for a probate application or letters of administration is $1,500.00. Supreme Court filing fees are additional. We will explain the applicable scope and any other costs for your matter. Further estate administration work is discussed and agreed separately.

Can I decline the role?

If you are unsure about acting, seek advice early. Your options can depend on whether you have already begun administering the estate.

What happens after the grant?

The estate still needs to be administered. This can include collecting assets, paying debts, dealing with tax and keeping accounts, before distributing the balance to the people entitled. Get advice about claims and the appropriate timing before making distributions.

HOW WE CAN HELP

From “where do I start?” to a clear plan.

1. Tell us what’s happened

We look at the Will, the estate and your questions, then explain the likely next steps.

2. Help with the application

If a grant is needed and you engage us, we can help prepare the notice, documents and Court application.

3. Know what follows

We explain what remains after the grant and agree on any further estate administration work you would like us to handle.

Let’s work out your next step.

Tell us who has died, whether there is a Will and what is worrying you most. It’s fine if that’s all you know.

Prefer to start in writing? That’s absolutely fine. Email support@hemmingslegal.com.au.

For more information, see the Supreme Court of Victoria’s probate guide.

General information only. The steps required depend on the estate and your circumstances.