Blog
Category: Probate & Estate Administration
Impact of probate filing fee increases for deceased estates and estate planning
Significant Probate Office fee increases in Victoria will have an impact on executors and estate planning. This blog explores the recent increases in probate fees and how they may impact estates in Victoria. Executors of a deceased estate need to familiarise themselves with these new fees and processes.
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What happens if an executor or beneficiary of a Will can’t be found?
When a person passes away and leaves a Will, the executor is responsible for applying for a Grant of Probate and distributing the estate. This process can be relatively straightforward if the executor and all the beneficiaries of the estate are readily available and cooperative. But what happens if an executor or beneficiary cannot be found?
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6 things to know before applying for probate
A Grant of Probate ensures that the Will is valid and that the estate is distributed according to the deceased's wishes. The application process can be daunting and complicated for an executor and knowing where to begin can make the world of difference.
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Probate office fees in Victoria
If you’re the executor of a Will, or you’re seeking to become an administrator of an estate where the deceased left no Will, it’s important to be aware of the probate office fees associated with applying for a Grant of Probate or Letters of Administration.
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The 6 month rule – executors should wait 6 months before distributing a deceased estate
Distributing a deceased estate can be a relatively straightforward process, and if the estate is not complex and there are no unusual factors, it can be completed in a relatively short time frame. However, before the executor can begin distributing the estate, there are a few things they must consider.
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What to expect from your first appointment with a probate lawyer
Knowing how to prepare for an initial appointment with a deceased estates lawyer will help minimise stress and ensure the process of probate progresses efficiently and effectively.
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When is probate not required in Victoria?
A Grant of Probate or a Grant of Letters of Administration are the two ways in which a person can obtain a Grant of Representation. However, there are occasions when a Grant of Probate is not required, or not appropriate.
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Tasks for the executor after probate is granted
Probate is the process of the Court confirming that the Will is valid and the executor may distribute the assets of the deceased estate. Once probate is granted, the executor needs to attend to several steps before distributing the assets as outlined in the Will of the deceased.
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How long does probate take in Victoria?
The timeframe for probate in Victoria can vary, depending on a number of factors. Generally, the official Court process of granting an application for a Grant of Probate, assuming the application is complete and accurate, will be 1-4 weeks. However, there are other matters that can delay probate.
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A guide to probate in Victoria
Probate is the process of officially proving the validity of a Will in deceased estate matters. The executor is the person who makes the probate application to the Supreme Court of Victoria. This guide to the probate application process is particularly helpful if you are the executor of a deceased estate.
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Time limits for family provision claims when contesting a Will
There are strict time limits that apply for an eligible person to contest a Will. This blog explores what a family provision claim is, the time limit for an applicant to bring a claim against an estate, and factors that the court will take into consideration when determining whether that time limit should be extended.
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The risks of DIY probate
DIY probate may seem like an attractive cost-saving option after the death of a loved one but it may also pose significant risks. We explore some of those risks and the ways in which you can minimise them when applying for a Grant.
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