Probate Procedures
Published: February 2010
To deal with many Deceased Estates a Grant of Probate needs to be obtained from the Supreme Court of Victoria.
To obtain a Grant of Probate the following general steps usually need to be completed prior to obtaining a Grant:
The Executor/s intending to apply for Probate need to place an advertisement on the Supreme Court website. At this stage the original Will and Death Certificate are required in order to complete this step. Generally if two Executors are named in a Will and for whatever reason only one Executor intends to apply for a Grant, leave can be granted to the remaining Executor.
After 14 days have elapsed since first advertising on the Website, Probate documents can begin being drafted. Details required to complete this step include a list of all assets held by the Deceased and any Real Estate owned by the deceased, along with details of the value of the Real Estate and personal assets. These details need to be exhibited to the Affidavit of the Executor/s along with the original Will and Death Certificate.
Once the Affidavit of the Executor/s has been sworn and other supporting documentation supplied, documents can be lodged at the Supreme Court where a filing fee is payable. This step usually takes one week but the time can vary particularly if there are any requisitions made which would usually require Supplementary Affidavits to be lodged.
If Probate is granted to the Executor/s it is then the responsibility of the Executors to carry out the bequests contained in the Last Will of the Deceased. Duties may include the sale of Real Estate, shares and assets held by the Deceased.
Although every Estate varies and situations differ most applications for Probate follow the above steps.
Some individuals can also make an application under Part IV of the Administration and Probate Act 1958 if they believe that they are not adequately provided for in the Will.
Application can also sometimes be made to the Court for the proper interpretation of a Will if there is uncertainly as to the meaning of the Will.
Disclaimer
The facts and circumstances applicable to every client are different. The above article is not intended as, nor should it be construed as, legal advice as to the subject matter of the article. Should you have legal issues that are similar to above then you should not place any reliance on the content of this article but, instead, you should seek legal advice.
Related Practice Areas: Deceased Estates
