What is Probate in Victoria?
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What is Probate in Victoria?
Probate refers to the process of lodging a Will with the Supreme Court after death and requesting an Order confirming the validity of the Will. If there is no Will, it involves requesting an Order appointing a representative to manage the estate. Probate is usually required if the estate includes significant assets, such as real estate or large bank accounts.
Who Applies for Probate?
The executor named in the will is responsible for applying for probate. If there is no will, the next of kin can apply for "Letters of Administration."
When is Probate Needed?
Probate is generally needed if the deceased person owned assets in their sole name, such as property or large bank accounts. If the assets are jointly owned, probate may not be necessary.
How Long Does Probate Take?
The probate process typically takes 2 to 6 weeks in Victoria, depending on the complexity of the estate and the court’s workload.
What Happens if There is No Will?
If there is no will, the estate is distributed according to Victorian intestacy laws, and a family member may need to apply for "Letters of Administration" to manage the estate.
What if there is an Informal Will?
An informal Will is a document that outlines the deceased’s wishes but doesn’t meet the formal requirements of a valid will. In Victoria, the Supreme Court may still grant probate for an informal will if it’s satisfied that the document reflects the true intentions of the deceased. However, this process can be complex, and legal assistance may be required.
Galbally & O’Bryan is one of Victoria’s leading Will dispute law firms.
Partner Andrew O’Bryan and Senior Associate Carl Wilson are expert Wills lawyers.
Andrew O'Bryan
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533 I M 0400 469 704
E aobryan@galballyobryan.com.au
Carl Wilson
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E cwilson@galballyobryan.com.au
Both Andrew and Carl will review your case and provide clear, easy to follow advice and take action to give you the best possible outcome.
How to contact our Wills & Estates lawyers
Melbourne Office
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E enquiries@galballyobryan.com.au
Dandenong Office
Shop 9/147-151 Foster Street
DANDENONG VIC 3175
T (03) 9769 2510
E dandenong@galballyobryan.com.au
Pakenham Office
Shop 1, 15 John Street
PAKENHAM VIC 3810
T (03) 5941 7990
E pakenham@galballyobryan.com.au