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PROBATE AND LETTERS OF ADMINISTRATION
VIC | PROBATE CONSULTANTS

Probate Consultants is the simplest and most cost-effective way for Victorian families to easily access expert guidance and specialist advice on applications for Probate in VIC and Letters of Administration in VIC. We simplify all the legal jargon into easy-to-understand “plain-English” while getting the same outcome as a Probate Lawyer in Victoria (without any excessive legal fees).

This client-centric approach is needed now more than ever as Probate has gone digital in VIC with the launch of the Supreme Court’s new online system RedCrest-Probate. Not only has the application process changed significantly, but all Grants of Probate and Letters of Administration are now electronic. With so much change in this area of law, having an expert Probate Consultant guide you every step of the way may offer the peace-of-mind and relief you are looking for.

At Probate Consultants, we understand that having to deal with such legal complexities so soon after the loss of a loved one can be draining. We make it easy for you to get a Grant of Probate or Letters of Administration and are here to guide you through the entire process successfully.


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APPLYING FOR PROBATE AND LETTERS OF ADMINISTRATION IN VICTORIA

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In general, applying for Probate in VIC and Letters of Administration in VIC involves the following steps:

This process can be daunting for many people, especially considering the strict requirements of the Supreme Court of Victoria and the mental effort involved. That is why Probate Consultants offer a simple and straightforward way of applying for Probate in VIC and Letters of Administration in VIC. We want expert advice to be accessible to all Victorians without feelings of being on a timer or fears about “what is this costing me?”

FAST, AFFORDABLE & EASY - WHY CHOOSE PROBATE CONSULTANTS IN VIC?

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Our goal as Probate Consultants is to become the preferred choice and first port-of-call for Victorians in need of friendly yet professional support and expert advice with applications for Probate and Letters of Administration – without needing to pay excessive legal fees.

We understand the emotions, challenges and difficulties faced when a loved one has passed away. The last thing you want to experience is an overly-complicated, inconvenient and rigid application process.

It’s for this very reason that we strive to provide a streamlined, innovative, and hassle-free approach to Applications for Probate in VIC and Letters of Administration in VIC, in contrast to the overly-legalistic, sometimes perplexing, and often costly process when dealing with Probate Lawyers in Melbourne.

This is not to say there aren’t amazing and client-focused Probate lawyers in Melbourne- our founder, Thomas Torcello, is a lawyer himself. In fact, many of our staff come from a legal services background, and thus, understand the intricacies and “ins and outs” of applications for Probate and Letters of Administration in Victoria, as well as many other states around Australia.

Thomas understood first-hand the challenges people in Melbourne face when required to apply for Probate and Letters of Administration with the passing of his own grandfather. He was sincerely affected by seeing his grandmother struggle with high fees, lack of transparency and a jargon-heavy process.

It is with this deeply-involved personal experience, the lessons learned, and a desire to provide a simple, client-friendly and cost-effective alternative to Probate Lawyers in Melbourne that gave birth to the vision of Probate Consultants and the values upon which the business is founded.

Connect with Probate Consultants online for a cost-free and obligation-free quote or call 1300 561 803 for a Free Consultation (with no time limit). Our goal is to provide you all the information you need to make the right choice for you and your family.

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FREQUENTLY ASKED QUESTIONS

Note: The information provided is general in nature and is intended to offer an outline only. It is not comprehensive, nor does it constitute legal advice.

Probate in Victoria is a legal process where the Supreme Court of VIC certifies that:

  1. A Will is valid and can be acted upon

  2. The executor(s) named in the Will have the authority to finalise the deceased person’s estate. This includes all property, assets and any debt.

A Grant of Probate is a legal document issued to the executor(s) of a valid Will by the Supreme Court of Victoria. It is proof of their legal right to administer and finalise a deceased person’s estate (deceased estate). 

Probate is required when an asset holder (Bank, Super Fund, Aged Care Facility, etc) requests to view a Grant of Probate in order to allow access to a deceased person’s assets. It may also be necessary to perform other duties in relation to finalising a deceased person’s estate, including making contact with the ATO regarding tax returns or dealing with liabilities such as mortgages.
YOU NEED A GRANT IN THE FOLLOWING SITUATIONS:
  • Seeking the refund of an Accommodation Bond (RAD) from an aged care facility
  • Accessing funds in a bank account over a certain value, usually $50,000
  • Receiving the Resident Exit Entitlement from a Retirement Village
  • Transferring title of real estate that was held solely by the deceased, or as tenants in common
IN DETERMINING WHETHER YOU NEED A GRANT OF PROBATE, YOU CAN:
  1. Contact the relevant institutions and ask whether they require a Grant of Probate in order for you to deal with the property
    • If there are minimal assets, you may only need to produce a certified copy of the Will and death certificate
  2. Contact Probate Consultants for a free consultation regarding the estate.

Once your application for Probate is lodged with the Supreme Court of Victoria, it will be reviewed within 7 -14 days.

If the application is granted by the Court after review, the electronic Grant of Probate is accessible on your RedCrest- Probate Account.

If there are any questions, issues or concerns that need to be addressed in relation to your application, the Registrar will raise a requisition for further information to be provided. 

Having to answer requisitions can cause significant delays to the application process and can often result in having to seek legal advice. 

The following documents are needed in order to apply for Probate:
  • Valid Will
  • Death Certificate
  • Current documents relating to the deceased person’s estate:
    • Property & Assets
    • Debts & Liabilities

Once Probate has been granted, the executor(s) named in the Grant of Probate must administer and finalise the deceased person’s estate:

This involves:

  1. Collecting all property and assets

  2. Paying any debts

  3. Distributing the assets according to the Will

The Supreme Court of Victoria launched its new online e-Filing system RedCrest-Probate on 1 July 2020. This means that you can apply for Probate online using this platform but will still need to leave your house to swear or affirm the Affidavit of Executor before an authorised witness. The Affidavit refers to a number of Exhibits that also need to be witnessed as part of this process.

A Grant of Representation is a term that includes both a Grant of Probate and a Grant of Letters of Administration. 

Both these Grants give a person the legal authority to administer and finalise the estate of someone who has passed.

There is no time limit on applying for Probate, however, if more than 3 years have passed since the person died you have to explain the reasons for this delay in your application. 

All real estate and personal property owned by the deceased must be included in an application for Probate where it was owned solely or as tenants in common.

Property and assets owned jointly with another person can be excluded from the application if ownership passed automatically to the surviving owner when the person passed.

There is, however, no requirement to apply for Probate in order to administer the estate of someone who has passed away. You only need to apply for Probate to deal with the deceased person’s assets if the institutions holding those assets require it. 

Probate is a legal process that ends when the Supreme Court of Victoria issues a Grant of Probate to the executor(s) of a valid Will.

Once the executor(s) have the Grant of Probate, they are able to administer and finalise the deceased person’s estate.

This involves:

  1. Collecting all property and assets

  2. Paying any debts

  3. Distributing the assets according to the Will

Intestacy laws in Victoria can be found in Part IA – Intestacy of the Administration and Probate Act 1958 (VIC).

These provisions cover many aspects of intestacy, including:

  1. The order of priority in which people can apply for Letters of Administration

  2. How the property and assets of a person who has died intestate must be distributed