Probate

Managing a Loved One’s Estate

Being named the executor of a Will is a significant responsibility, and it can feel overwhelming. The legal steps, like applying for a Grant of Probate, are often confusing and come at an already difficult time.

We’re here to make the process clear and straightforward. Irvine Lawyers provides compassionate, practical guidance for executors across Victoria. We handle the complex paperwork for you, simplifying the administration of the estate.

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Probate: How We Can Help

When someone passes away, the executor of their Will is often required to apply for a Grant of Probate. This is a formal document from the Supreme Court of Victoria that confirms the Will is valid and gives you the legal authority to manage the deceased’s assets, such as selling property or accessing bank accounts.

This process can be complex, but you don’t have to do it alone. As experienced probate lawyers with offices in Warrnambool and South Morang, we help executors across greater Melbourne navigate their duties with confidence. We handle applications for probate and the administration of deceased estates, letting you focus on what matters most.

Probate vs Letters of Administration: Which One Do You Need?

Both processes give someone legal authority to deal with the estate, but they apply in different situations:

Probate is used when there is a valid Will. The named executor applies to the Supreme Court to be formally recognised and empowered to collect assets, pay debts, and distribute according to the Will.
Letters of Administration are used when there is no Will (intestacy), the Will is invalid, or the named executor can’t act. A suitable next of kin (for example, spouse or adult child) asks the Court to be appointed as administrator under the intestacy rules.

A lawyer confirms early whether you need Probate or Letters of Administration so you do not lose time on the wrong application. We prepare the evidence the Court expects — such as the death certificate, the Will or codicils, searches, affidavits, and a clear asset and liability schedule — and handle complications like missing originals, substituted or multiple executors, and overseas assets to prevent refusals and delays.

Grant of Probate: What It Is and How It Works

What it is: A Court order from the Supreme Court of Victoria confirming the Will’s validity and the executor’s authority to administer the estate. Banks, share registries, and land titles offices usually require a sealed Grant before releasing or transferring assets. Applications are filed online through RedCrest-Probate.

A Grant of Probate is typically required when there are significant assets in the deceased’s sole name such as real property, larger bank balances, or shares and managed funds, or when banks and registries require a sealed Grant under their policies. It is also needed whenever third parties require formal Court confirmation before they will release or transfer assets.

Who can apply: The executor named in the last valid Will, or a substitute executor if the first cannot act. Multiple executors can apply together.

Why Choose Irvine Lawyers for Probate

Compassionate & Clear Advice: We explain the entire process in plain English so you always know what’s happening.
Efficient & Timely: We prepare documents correctly to avoid unnecessary Court delays.
Fixed-Fee Probate Applications: For most standard Grant of Probate applications, we offer a fixed fee so you know the cost upfront.
Local Victorian Expertise: Deep experience with the Supreme Court of Victoria and local practices across Warrnambool, South Morang and Melbourne.
Full Estate Support: We can help with just the probate application or provide full estate administration services.

Probate Services: What It Covers

Our probate and estate administration services are designed to support executors through every stage. Our primary focus is helping you fulfil your legal duties correctly and efficiently.

Grant of Probate Applications: We guide you through obtaining probate — advertising the intention to apply, gathering information, and preparing and filing all required documents with the Supreme Court of Victoria.
Letters of Administration Applications: If the deceased died without a valid Will, we help the next of kin apply for Letters of Administration to gain legal authority to manage the estate.
Full Estate Administration: After probate is granted, we can assist with or manage the full administration of the estate, including:

Identifying and collecting estate assets (property, bank accounts, superannuation).
Notifying beneficiaries and relevant parties.
Paying outstanding debts and taxes.
Distributing assets to beneficiaries according to the Will.
Preparing financial statements for the estate.

How It Works: Our Simple Process

Free Initial Consult: Book a free 30-minute chat. Bring the Will (if you have it) and the death certificate. We’ll assess the estate and confirm if probate is required.
Clear Quote & Instructions: We provide a fixed-fee quote for the application and a simple list of the information we need, such as asset details and beneficiary IDs.
We Prepare the Application: Our team prepares formal court documents, including the online advertisement and legal affidavits.
You Sign, We File: We send documents for your review and signature, then file the application with the Supreme Court of Victoria.
Grant is Issued: The Court reviews the file and issues the Grant of Probate (this can take several weeks). We notify you immediately and provide certified copies.
Next Steps Guidance: With the Grant you can manage the estate; we’ll advise or continue to assist with administration.

Pricing & Transparency

We offer a fixed fee for most standard Grant of Probate and Letters of Administration applications, providing certainty during a difficult time. For complex estate administration we provide a clear estimate before work begins. Your first 30-minute discussion is always free.

Common Situations We Handle

Acting as the executor and needing to apply for probate.
Next of kin applying for Letters of Administration where there is no Will.
Uncertainty about whether probate is required.
Managing estates that include real estate, shares, or significant bank accounts.
Handling missing original Wills or overseas assets.

Meet Our Team

Our Wills & Estates team has extensive experience in managing probate applications and deceased estates. We are known for our compassionate, no-jargon approach and strong local presence in Warrnambool and South Morang.

Service Areas & Contact

We simplify the probate process for clients across Victoria from our offices in Warrnambool and South Morang. Whether you are in greater Melbourne or regional Victoria, we offer practical, clear-cut advice.

Talk to a practical probate lawyer today.

Call us on (03) 9422 5439 for our South Morang office or (03) 5562 9196 for Warrnambool, or book your free 30-minute case assessment online.

FAQs: Probate

What is a Grant of Probate?

A Grant of Probate is an official document from the Supreme Court of Victoria confirming that a Will is valid and giving the named executor(s) legal authority to manage the deceased’s assets.

Is probate always required in Victoria?

No. It depends on the assets. If the deceased owned property in their sole name, or had large bank balances or superannuation, the asset holders will usually require a Grant of Probate before transferring assets to the executor.

How long does it take to get probate in Victoria?

After filing, the Supreme Court typically issues the Grant within 2 to 6 weeks if the application is correct and not queried. Preparation time depends on how quickly we receive asset information.

What are Letters of Administration?

Letters of Administration are applied for when a person dies without a Will. They appoint an administrator (usually next of kin) with authority similar to an executor to manage the estate.

What’s the difference between an Executor and an Administrator?

An executor is named in the Will to manage the estate. An administrator is appointed by the Court to manage the estate where there is no valid Will.

Do I have to use the lawyer who made the Will?

No. As the executor you may choose any lawyer you trust to help with probate and estate administration.

How much does probate cost?

We offer a fixed fee for most standard applications, plus the Supreme Court filing fee. The Court fee varies by the total value of the estate. We provide a full, itemised quote at our first meeting.