Probate

Whether you need to obtain a Grant of Probate is dependent on the circumstances of each estate.  Generally speaking, if the deceased held any assets in their sole name of significant value, then a Grant of Probate will be required.  Furthermore, whilst in general if assets are held jointly a Grant of Probate is not required to deal with the assets, if property is held in a certain manner, a Grant of Probate may still be required in which to deal with that. 

Generally speaking the Probate process cannot get underway until you receive an original Death Certificate.Upon receipt of the Death Certificate, an executor must advertise their intention for a minimum period of 2 weeks prior to making any application for a Grant of Probate.During this time, enquiries are made with the various asset holders such as banks, nursing homes and share registries to ascertain values of assets held by the deceased.Once all this information is at hand, the documents for the Grant of Probate can be prepared and the application lodged with the Supreme Court of Victoria.

If a deceased passes away without having drawn a Will then an application must be made to the Supreme Court of Victoria for Letters of Administration.This is similar to a probate application however is made by a person who is generally the next of kin of the deceased.That person then has a responsibility to administer the estate, including making any distribution, in accordance with the laws of intestacy.