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 such as 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.

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 cannot act. A suitable next of kin such as a 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. We also 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 is 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.

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 will 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 will advise or continue to
assist with administration.

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 such as 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

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

Google Review

    
 
 
      Trustindex verifies that the original source of the review is Google. I can’t recommend Laurie highly enough.

We had a very urgent situation where a loan needed to settle within two days, and we desperately needed a solicitor to review guarantor loan documents to make settlement happen on time. Laurie stepped in immediately and was willing to help even outside of normal working hours, which made all the difference.

As a mortgage broker, I understand how critical timing and responsiveness are in these situations, and Laurie was not only incredibly professional but also genuinely lovely to deal with throughout the process.

Thanks to his help, everything was reviewed in time and the settlement went through smoothly. We’re extremely grateful and I’ll definitely be sending more clients his way.

Thank you again, Laurie!
  
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     Trustindex verifies that the original source of the review is Google. They are always there to support with my family circumstances changing. I am grateful for the personal feel and professional service. Thank you Laurie.
  
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Contact us today to speak to our team

Should you find yourself in a corner, Irvine Lawyers will stand by your side and fight for you until the end. Contact us today to speak to our team. We have lawyers in Warrnambool and South Morang ready to speak to you.

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.