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Probate Victoria – apply for grant of probate

Find out if you need to apply for probate of a Will, and use our fixed fee online service to apply and let our expert Wills and estate lawyers take on the administrative burden for you. If there is no Will, find out if you need Letters of Administration.

APPLY FOR PROBATE NOW

Why use our Grant of Probate service?

Do your Grant of Probate application online

Let us take care of the administrative burden

Take the stress out of your executor role

Claim the cost against the estate.

What is probate?

Probate is an order of the Supreme Court of Victoria that confirms that a Will is valid and provides the appointed executor with authority to deal with the assets of the deceased person's estate.

Do I need to apply for probate in Victoria?

It isn’t always necessary to apply for probate. It depends on the value of the assets and whether they are held in Victoria. If the estate is small in value, you won’t need to apply for probate.

Our fixed fee, starting from $2000 (plus GST) includes

  • preparing your application to the Supreme Court for probate
  • meeting with you to witness the signing of your application
  • advertising your intention to apply for probate of a Will
  • lodging your application at the Supreme Court
  • advising you about your responsibilities as executor of the Will
  • providing you with certified copies of the Grant of Probate.

Why Maurice Blackburn

  • we have a dedicated Wills and Estates team who specialise in probate applications
  • our service offers genuine value for money
  • our experienced lawyers will manage the Supreme Court application
  • we have substantial legal experience in managing complex applications for probate
  • with 12 offices around Victoria we are always close to your home or work.

Frequently Asked Questions

What is an executor of a Will?

An executor is the person or persons appointed in a Will to administer the estate. If you are the executor, this means you are in charge of collecting and distributing the assets of the deceased person after any debts have been paid.

What does probate and letters of administration do?

A Grant of Probate permits the executor to the executor to collect and distribute the assets of a deceased person in accordance with the Will.

What types of assets are subject to a grant?

If a house or land is held in the deceased's name only, you will need a grant of probate to sell or transfer the property. In most cases you will require a Grant of Probate to collect substantial bank savings or shareholdings.

Can you get probate if there is no Will?

A Will is required to apply for a Grant of Probate. If there is no Will and you are the person entitled to the estate on intestacy, you will have to apply for a Grant of Letters of Administration to be appointed as the administrator of the estate. There is no need to apply for a Grant of Probate.

What happens if you don't obtain a grant of probate on a will?

If the deceased estate includes assets in bank accounts, shares, property or superannuation which require probate to be released, these assets cannot be distributed until a Grant of Probate is obtained.

How long do you have to apply for probate in Victoria?

It is generally expected that an executor will start the probate application process within 3 months of the date of death.

The administration of the estate should be completed within 12 months from the date of death.

How long does a grant take in Victoria?

A Grant of Probate can be obtained in around six weeks from the time you submit your application and provide us with necessary documents.

Who pays for probate expenses?

The legal costs of obtaining probate are payable from the deceased's persons funds.

We do not ask for payment upfront. You will be provided with our invoice when probate is granted

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