Probate is the legal process by which the Supreme Court of Victoria validates a deceased person’s Will. It can also be referred to as a grant of probate as it gives authority to the Executor to administer the estate and distribute assets according to the Will’s requests.

An Executor must take multiple steps to obtain a grant of probate, which typically take four to six weeks. 

Director, Simon, explains the process in the video below.

If you are an Executor of a Will and are currently navigating the probate process, we recommend you view our Guide for Executors here.

Without a grant of probate, there are tasks you cannot legally perform as the Executor. 

The Executor can apply for probate on their own, but given the complex obligations and duties taken on by the Executor, the Executor’s actions are appropriately guided and their interests protected by an experienced Estates lawyer.  It is not sensible for an Executor to approach their tasks and responsibilities without professional advice and assistance.

The proper preparation of the probate application by a legal professional is the best way to ensure it’s granted efficiently and delays are avoided. 

Although you can enter a contract to sell the deceased’s house, it’s generally advisable that you wait until the grant of probate is obtained to ensure you can realistically fulfil the contractual obligations. 

No, the Executor is not obliged to pay the bills from their personal funds while waiting for the grant of probate (which can take up to six weeks or longer). Presenting a funeral quote or invoice to the bank and/or bill is often enough evidence to pause the payments until the estate has been administered. When this has been done, the Executor can finalise the payment of any outstanding bills using money from the estate. 

Our extensive knowledge and experience, coupled with our integrity, mean we are dedicated to supporting you and your family through the process. In addition to obtaining grants of probate and letters of administration, we can also help you administer the estate, transfer assets and make distributions to beneficiaries.

To register the Will for a deceased estate, you will need to book a one-hour ‘Register a Will’ appointment. During this appointment we will advise you what work we believe is required and the anticipated cost.