Probate is a word you might hear in polite conversation following a death but what exactly does it mean?
When a person dies leaving a valid Will, a Grant of Probate (from the appropriately-named Registrar of Probates in the Supreme Court) is usually required to allow the executor named in the Will to ‘administer the estate’ according to the Will; the estate being the assets and liabilities of the deceased.
Essentially, a Grant of Probate is the right to act and deal with the estate. This may involve gathering in the assets, paying any debts owed by the estate, transferring or selling real estate and distributing assets to the beneficiaries.
If there is no Will, or the deceased left an invalid Will, fear not - there is still a way to gain the right to deal with the estate. Instead of a Grant of Probate however, it is called a Grant of Letters of Administration and it is applied for in a similar way.
There is a lot to be done to administer an estate and sadly this task usually falls to someone who is also grieving the loss of the deceased. This is where we can help. Our solicitors provide an experienced, caring and professional service to assist executors and administrators undertake their duties of administering an estate. We understand that acting as an executor or administrator can be an overwhelming task, undertaken at a difficult time. We will work alongside you, supporting and guiding you through the process of finalising the estate in a timely and efficient manner.
We are also able to assist with interstate and overseas Reseals of the Grant of Probate or Administration application, which may be required if the deceased owned property or assets in the State of Victoria, but resided elsewhere.
Call on 03 9548 5500 to discuss your particular circumstances and allow us to help you when you need it most.