Probate and Estate
Administration
Guiding executors through the probate process — from the Supreme Court application through to final distribution to beneficiaries.
Probate and Estate Administration
When someone dies, their executor must obtain a grant of probate from the Supreme Court of Victoria before most assets can be collected and distributed. Probate confirms that the Will is valid and grants the executor the authority to act. It is generally required when the estate includes real property, significant bank or financial institution assets, or shares. We guide executors through the process — from preparing the application through to final distribution — so they can focus on their family rather than the paperwork.
The executor's duties include: applying for probate; identifying and collecting all assets; paying the deceased's debts, liabilities, and tax obligations; maintaining and protecting assets during the administration period; and distributing the estate to beneficiaries in accordance with the Will. Executors can be personally liable if they distribute the estate incorrectly or prematurely — we advise on each step so that liability is properly managed.
Estate administration can be straightforward or complex depending on the nature of the assets, the number of beneficiaries, and whether any disputes arise. Where the estate includes a business, SMSF, family trust, or overseas assets, additional steps are required. We manage the complexity and keep beneficiaries informed throughout the process.
Based at 4 Watton Street, Werribee, we assist clients across Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and the wider Wyndham region.
Where a person dies without a valid Will (intestate), an administrator must apply to the court for letters of administration before the estate can be managed. We handle this process and advise the administrator on their obligations and the rules of intestate succession.
Letters of administration — full details →In Victoria, eligible persons can make a family provision claim if they were inadequately provided for. Strict time limits apply — generally 6 months from the grant of probate. Early advice is essential whether you are making or defending a claim.
Contesting a Will — full details →A professionally drafted Will reduces the risk of disputes and makes the executor's task significantly simpler. We draft Wills that are clear, valid under Victorian law, and structured to minimise complications at administration.
Wills — full details →Probate is one part of a broader Wills and Estates practice — covering Will drafting, powers of attorney, testamentary trusts, and estate disputes. See the full range of services we offer.
Wills and estates — all services →Managing complexity
so families don't have to.
Executors are often family members who have just lost a loved one and are now faced with a legal and administrative process they have never navigated before. We manage the process from start to finish, explaining each step clearly and handling the court and financial institution requirements on your behalf.
We aim to complete straightforward estates efficiently — avoiding unnecessary delays that cost beneficiaries time and money. Where complications arise, we deal with them promptly and keep you informed.
As Werribee's oldest law firm, we have administered estates for Wyndham families for generations. We understand the local circumstances, the local courts, and the people involved.
Probate FAQs
Probate is a grant issued by the Supreme Court of Victoria confirming that a Will is valid and that the executor has authority to administer the estate. It is generally required when the estate includes real property (land registered in the deceased's name), significant assets held by a bank or financial institution, or shares. Some smaller estates or assets held jointly may not require probate. We assess whether a grant is needed for your specific circumstances.
The Supreme Court of Victoria typically takes 4 to 8 weeks to process a probate application once filed. Preparation of the application — gathering documents, obtaining death certificates, valuing assets, and preparing court paperwork — usually takes 2 to 4 weeks beforehand. A straightforward estate will often be fully administered within 6 to 12 months of death. Complex estates with disputed assets or tax issues can take longer.
An executor's duties include: applying for probate; notifying beneficiaries; identifying and collecting all assets; paying the deceased's debts, liabilities, and outstanding taxes; lodging the deceased's final tax return; maintaining assets safely during administration; and distributing the estate to beneficiaries in accordance with the Will. Executors must keep accurate records and can be personally liable if they distribute the estate incorrectly or before debts are settled.
Probate applies when the deceased left a valid Will — it confirms the Will is valid and grants the named executor authority to act. Letters of administration apply when there is no valid Will (intestacy) or in certain other situations — the court appoints an administrator to manage the estate according to the rules of intestate succession. Both involve an application to the Supreme Court of Victoria and carry similar obligations for the person appointed.
The executor must pay the deceased's debts and liabilities before distributing the estate to beneficiaries. This includes mortgages, credit cards, tax liabilities, and any other outstanding obligations. If the estate is insolvent (debts exceed assets), a specific administration process applies. Distributing the estate to beneficiaries before debts are paid can expose the executor to personal liability — we advise on the correct order of payments.
Yes. If an executor is unable or unwilling to act, or is acting improperly, the Supreme Court of Victoria has power to remove or replace them. A beneficiary or co-executor can apply for removal. An executor who refuses to apply for probate, mismanages estate assets, or fails to distribute the estate within a reasonable time may be subject to a court order. We advise both executors and beneficiaries on their rights and remedies.
Yes. We are based at 4 Watton Street, Werribee and regularly act for clients across the Wyndham region — including Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and Werribee South. We also assist clients in Lara, Little River, and Geelong. Call (03) 9741 3777 to arrange an appointment.
Appointed as an executor?
We guide executors through every step — from probate application to final distribution.