Law

An Ultimate Guide to The Grant of Probate Process in Victoria, Australia

admin / December 3, 2021

What is Probate?

Probate is the procedure through which the orders of the Will are disbursed after the death of the Will owner. When a loved one dies, a few weeks and months are incredibly emotional and complex for everyone involved about the deceased. However, what happens to their possession, their property, and money?

Probate is the process of naming an executor, confirming a will, and fulfilling the decedent’s wishes. During this period there are chances of disputes among relatives, siblings during distribution. After the beneficiaries thought they were on good terms, substantial conflicts emerge, resulting in a full-fledged court struggle between the estate’s beneficiaries.

Probate Australia provides the best lawyers that are experts in Probate and the Letters of Administration. They help in doing various complex paper works, which makes the process of probate a lot easier. Their lawyers help in applying for the Grant of Probate even during emotional times. Their office is located in Victoria, but they also serve NSW, Queensland, Tasmania, Western Australia, and the Australian Capital Territory.

Probate is a vital legal procedure that safeguards an estate as well as the desires of the soul. It will be a lengthy procedure, but it is required.

A Grant of Probate is required from the Supreme Court of Victoria to disrupt various deceased estates. The process of Probate Vic application is quite easy.

Process of Probate Vic Application

  • The person applying for the Grant of Probate should be above 18 years of age. His/her name should be as an executor in the Will.
  • A notice should be submitted by the executor’s lawyer in the Supreme Court of Victoria for the Grant of Probate.
  • The procedure takes at least 14 days to file your application.
  • Once the application is filed the executor is then called by the Supreme Court with certain documents.
  • After the application is filled it takes at least 8 weeks to obtain the Grant of Probate.

Documents Required

  • The original will, as well as any add-ons.
  • Affidavit of Publication of Notice and Searches, Affidavit of Executor, Certified copy of the Death Certificate, Inventory of Assets and Liabilities, Affidavit of Publication of Notice and Searches.
  • The Registrar’s Order
  • Making a motion for the Grant of Probate.

The Grant of Probate Fee in Victoria

There are numerous costs associated with obtaining a Grant of Probate in Victoria. These are some of them:

  • A fee is charged to publicize the intention to use for Probate.
  • There is a cost for submitting your application to the Probate Office.
  • The fees that apply are established by the Probate Office and are based on the size and value of the estate.

Some people may also want to use the services of professional or legal services to assist them with applying for a Grant of Probate, as the process is lengthy and difficult to manage. These services can help you gather and fill out paperwork, guide you through legal processes, and advertise your desire to file or fill out the paperwork with the court. If you have any queries consult a lawyer for expert advice.