Probate & Deceased Estates in Victoria
When someone close to you passes away, there’s a lot to process both emotionally and practically. Sorting out their estate can feel daunting, especially if you’re not sure where to start.
At Phillips & Wilkins, we help people across Victoria manage probate and deceased estate matters with clear advice, steady support, and care that reflects the importance of what you’re going through.
Whether there’s a will or not, we’ll guide you through the steps and take the pressure off during a difficult time.
Why choose Phillips & Wilkins
Decades of experience in estate law
Clear, plainspoken advice with practical solutions
Based in Thornbury and trusted by our local community
How the probate process works
Going through someone’s estate after they’ve passed away can feel like a lot. Here’s what’s involved and how we can help you at each stage.
1: Locating and reviewing the will
The first step is to find the original will. You’ll need this to apply for probate.
What if I can’t find the original?
If you only have a copy, it’s still possible to apply, but the court will ask for extra evidence. We can help you pull that together and explain what’s required.
2: Applying for probate
The executor applies to the Supreme Court of Victoria for what’s called a grant of probate. This gives them legal permission to manage and distribute the estate.
Can I apply myself?
Yes, but it’s not always straightforward. You’ll need to follow specific steps, provide detailed paperwork, and meet court deadlines. Many people prefer to get legal help to avoid delays or complications.
3: Accessing bank accounts and property
You’ll usually need probate (or letters of administration if there is no will) to access things like bank accounts, superannuation or property. We can take care of the paperwork and communicate with banks and other organisations on your behalf.
Can probate be refused?
Yes, for example, if the will is found to be invalid or contested. Getting advice before you apply can help prevent this from happening.
4: Valuing the estate
The executor needs to work out what the estate is worth. This might include bank balances, property, shares or other valuables. Some assets may need a formal valuation, we’ll let you know what’s needed and help organise it.
5: Paying debts and distributing assets
Any outstanding debts or taxes must be paid before the estate is distributed. Then, the executor follows the instructions in the will. If there is no will, Victoria’s intestacy laws decide who inherits.
6: Finalising the estate
Once the estate has been distributed and everything’s in order, the executor’s job is complete. Ideally, this happens within 12 months, though timing depends on the complexity of the estate.
The probate process exists to make sure a person’s wishes are followed, or, in cases where there is no will, that the estate is dealt with fairly and according to the law.
What does an executor do?
Being named as an executor means you’re responsible for carrying out the person’s wishes. That can include:
- Locating and protecting assets
- Applying for probate
- Paying any debts or taxes
- Communicating with beneficiaries
- Distributing the estate
- Arranging the funeral (if no one else has)
- Managing and closing bank accounts
- Keeping detailed records of all actions taken
It’s a big responsibility, and it can be hard to know where to begin, especially during a difficult time. We’ll help you understand what’s expected and support you through each step.
Costs of probate and estate administration
We’re upfront about costs and will give you a clear idea of what’s involved before you decide to go ahead.
What does it usually cost?
Every estate is different. After meeting with you and understanding the estate and your instructions, we’ll provide a clear cost estimate tailored to your situation.
There’s no obligation to proceed until you’ve reviewed and accepted our estimate.
Our fees typically cover:
- Reviewing the will
- Obtaining the information required for the probate application
- Dealing with superannuation companies and applying for death benefits to be paid
- Bringing in assets
- Arranging the distribution of the estate assets to beneficiaries
- Preparing and lodging the application
- Collecting the right documents
- Dealing with banks and/or real estate agents
- Advice and support throughout the process.
We’ll always tailor our approach to your situation and keep you informed every step of the way.
What happens when there is no will?
When someone dies without a valid will, it’s called intestacy. That doesn’t mean the estate is left in limbo, but the process works differently.
Letters of Administration
Instead of probate, the Supreme Court appoints an administrator (usually the closest next of kin) to manage the estate.
Who inherits what?
If there is no will, Victoria’s intestacy laws set out who receives what, usually starting with a spouse or children. Send us a message to find out more about who’s entitled when there is no will. We’ll walk you through it and help you manage your responsibilities.
Disputes and contested wills
Sometimes, people don’t agree with what’s in a will or how the estate is being managed. Disputes like these can add stress, but there are ways to work through them.
Can a will be challenged?
Yes. Common reasons include concerns about whether the person had capacity when they signed it, or whether someone was unfairly left out.
What if executors don’t get along?
If multiple executors can’t agree, it can slow things down. We can step in to mediate and help move things forward fairly and efficiently.
We’ve worked with many families to resolve disputes respectfully, avoiding court action where possible.
When probate might not be needed
In some cases, you might not need to go through the full probate process.
Probate may not be required if:
- The estate is small (usually under $50,000)
- Assets were jointly owned
- Super or life insurance goes straight to a named beneficiary
It’s still worth checking with a solicitor to make sure nothing is missed.
Meet your team
Grant Mackenzie
PARTNER
Will Elder
PARTNER
Xenia Albanis
SOLICITOR
FAQs
I live interstate. Can I still apply for probate?
Yes. You don’t need to be in Victoria to be an executor. We can work with you remotely and guide you through what’s needed.
How soon should I apply for probate?
Most people apply within 1 to 3 months, but you generally have up to 6 months to begin.
How long does probate take?
On average, probate is granted within 4 to 8 weeks after your application is lodged, but timing depends on the estate.
Can the court reject my application?
Yes, if there are problems with the will or missing information. Getting legal advice first can help avoid delays.
What’s the difference between probate and letters of administration?
Probate applies when there is a valid will. Letters of administration are used when there isn’t.