Blog

Written by Tali Miller, Trainee Solicitor

Probate is the legal process that confirms the validity of a will and grants the executor the authority to manage and distribute the estate of a deceased person. When someone passes away, their assets—such as property, bank accounts, and investments—cannot be accessed or transferred until probate is granted. Without it, the executor lacks the legal power to carry out these essential tasks, leaving the estate in limbo.

For estates where no will exists, the court will grant “letters of administration” to allow someone, typically the next of kin, to manage the estate. In either case, probate or letters of administration ensure the proper legal authority is in place to handle the estate’s assets and distribute them according to either the will or, in the absence of one, the law.

The probate process involves several steps, starting with gathering the necessary documents, such as the original will and death certificate, and identifying all assets and liabilities. Then an application to the Supreme Court of Victoria is made for a grant of probate, which, once approved, allows the estate to be administered. This includes paying any outstanding debts, such as funeral expenses, taxes, or loans, and distributing the remaining assets to beneficiaries.

While the process might seem straightforward, it is often more complex than it appears. Several issues can arise that delay or complicate probate. For example, if a will is contested—perhaps due to concerns about the deceased’s capacity to make the will or claims of undue influence—it can lead to prolonged legal disputes. Similarly, if the will is improperly witnessed or if only a copy of the will is available, the process can be delayed or even halted.

Delays in applying for probate can also lead to financial consequences. Without access to estate funds, outstanding expenses such as property maintenance or loan repayments can accumulate. Beneficiaries may grow impatient, and in extreme cases, an executor could even be removed if they fail to act promptly.

This is why having the right legal guidance is critical. At Kingston Lawyers, we specialize in managing the probate process efficiently, ensuring that common pitfalls are avoided. Our team is experienced in handling everything from straightforward applications to contested wills and complex estates. If you have any questions about probate or need assistance with administering an estate, contact Kingston Lawyers at 03 9585 6455. Our expertise will help ensure that the probate process is managed smoothly, efficiently, and in your best interest.