Grant of Probate
What is the process of applying for a Grant of Probate?
Probate is an application made to the Supreme Court allowing the Executor(s) named in a deceased’s Will to deal with the deceased’s estate and divide their assets accordingly.
The steps involved in a Probate application typically involve the following:
1. Determine whether a Grant of Probate is required (if so- determine what type of Grant should be applied for)
2. Advertise intention to apply for Grant of Probate.
3. Complete the application for Grant, 14 days after the advertisement is issued.
4. The Supreme Court of Victoria confirms whether Will is valid and issues the Grant of Probate.
The Executor(s) then has the responsibility to administer the estate of the deceased. This typically involves:
1. Collection of the deceased's assets (e.g., bank accounts, share portfolios, real property)
2. Paying off the deceased’s debts
3. Distributing the deceased’s assets in accordance with their Will
A Grant of Probate is required if the deceased held assets or accounts with organisations requiring an Executor to produce Probate.
In fact, some companies will not communicate with the Executor until they are provided with a copy of the Grant of Probate.
Where do I apply for a Grant of Probate?
If the deceased’s assets are in Victoria, you will be required to apply to the Supreme Court of Victoria.
How long does this process take?
Before applying for probate, the executor must provide a notice of Intention to apply for Probate, after the advertisement is placed, 14 days must lapse before the probate application is lodged.
The application process may take anywhere between two to six weeks for the Supreme Court of Victoria to assess the probate application (this may vary).
What happens if there is no Will?
If there was no Will left by the deceased, the application that is applied for is referred to as ‘Letters of Administration’, and if approved, the Supreme Court provides the administrator with a Grant of Representation.
It allows the nominated administrator similar powers to Executors obtaining Probate in Victoria.
Generally, the Grant of Representation is made to the deceased's closest surviving next of kin, such as their spouse or child.
Next Steps
If you’re loved one has passed and you are unsure of how to deal with their affairs, contact our compassionate team of Probate Lawyers to discuss the next steps.
*The above information is general advice ONLY and not tailored to your personal circumstances. Should you require specific advice, you should contact Blueprint Legal.