Expertise

Probate and Estate Administration

What is a Grant of Probate?

If you die leaving a valid Will, your Executor will be required to obtain a Grant of Probate.

A Grant of Probate is provided to an Executor who has “proven” the Will of a deceased to the Supreme Court. An Executor is required to obtain a Grant of Probate where the deceased’s estate holds real estate and other assets.

What are Letters of Administration?

If you die without a Will (referred to as dying intestate) then the next of kin can apply to the court to obtain a Grant of Letters of Administration to become the Administrator of your estate.

Once a Grant is obtained, the Executor or Administrator can then deal with the estate assets by selling the assets, paying debts of the estate and distributing the assets to the beneficiaries. This is called estate administration

What’s required to obtain Probate?

Let us help you navigate the legal minefield in obtaining probate.

We will prepare all required probate documents as part of your application and once the Grant of Probate has been obtained, we will make the necessary arrangements regarding administering the estate to pay debts and distribute.

In intestacy matters, where a person dies without a valid Will, we can assist with the complex task of the application for a Grant of Letters of Administration.

Estate administration can take as little as a few weeks or it can take up to 12 months or more.

Is it always necessary to obtain probate?

No, not always. On occasions, probate will not be necessary to administer the deceased estate, such as, when the deceased did not own real estate, or when spouses held joint ownership in properties, or when that value of the assets of the estate may be small.  If you would like to know whether a Grant of Representation (Probate or Letters of Administration) are required, please call us and ask to speak with one of our team of professional estate lawyers.

Engaging with the David Davis team can minimise the delays at each stage of the process, and take away the burden of dealing with everyday administrative complexities. Our experienced team will work with you to assess the relevant issues and advise you frankly of the legal options and avenues available to you.

We understand that often the last thing many of our clients want to do is to wade through legal jargon, attempting to understand their rights and obligations when dealing with the loss of a loved one. We understand that this process can be a very sensitive and difficult one, and our clients appreciate our probate lawyers being able to advise and assist them to make the legalities clear and manageable.

If you need advice from a probate lawyer in the Melbourne area, contact our experienced team of Probate and Estate Administration lawyers at our Thornbury office.