Support Through Every Step of the Probate Process
The death of a loved one brings both emotional and legal responsibilities. While grieving, you may also be faced with complex decisions around managing the estate of the person who has passed. We understand how overwhelming this can be, and we’re here to help.
What to do when a loved one dies
Getting a grant of probate or letters of administration
Managing estates with lost, disputed or incorrectly signed Wills
Selling and distributing estate assets
Resolving or paying estate debts
Lodging final tax returns
Advising executors or administrators on their legal obligations
Defending estates from legal claims or challenges
We’re behind you. Every step of the way.
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Tracey Bannister
Senior Associate
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Carl Wilson
Special Counsel
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Lizia Lim
Principal
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Robert Davey
Consultant
Applying for a Grant of Probate or Letters of Administration
When someone dies, their assets become part of what is called their estate. In order to manage or distribute these assets, a legal authority — known as a Grant of Representation — is often required.
There are two main types:
- Grant of Probate – issued when the deceased left a valid Will that names an executor
- Letters of Administration – issued when there is no Will, or the Will doesn’t name an eligible executor
Both types of grants serve to legally authorise someone to deal with the estate — from paying debts to transferring or selling property. Without one of these grants, banks, super funds and other institutions may not allow access to the deceased’s assets.
At Aitken Partners, our probate lawyers can determine whether a grant is necessary, prepare all required documents, and lodge the application with the Supreme Court of Victoria on your behalf.
When a Grant Is Needed – And Why It Matters
A grant of probate (or administration) is often required to:
- Prove the legal validity of a Will
- Authorise a person to act on behalf of the estate
- Protect the executor or administrator from personal liability
- Provide institutions with assurance they are releasing funds lawfully
Complex Situations
Complexities can arise if:
- There are disputes about the Will’s validity
- A Will has been lost or is unsigned
- There are disagreements between executors or family members
Our team has deep experience in navigating these situations, having supported thousands of clients with successful estate applications and administration.
Frequently Asked Questions
Probate law is the legal process of administering a deceased person's estate, including identifying and valuing their assets, paying off debts and taxes, and distributing the remaining assets to beneficiaries. It is typically overseen by a probate court.
A grant of probate is a legal document issued by a probate court that authorises the executor named in a will to administer the deceased person's estate. It gives the executor the legal authority to deal with the deceased's assets and liabilities.
The time it takes to obtain a grant of probate can vary depending on several factors, including the complexity of the estate, the efficiency of the probate court, and any potential disputes among beneficiaries.
In general, the process can take anywhere from a few months to a year or more.
In many jurisdictions, you can apply for a grant of probate yourself without hiring a lawyer.
However, the process can be complex, and it's advisable to seek legal advice, especially if the estate is large or complicated.
Yes, an executor can renounce their role even after a grant of probate has been issued.
However, they must do so in writing and submit the renunciation to the probate court. Once the renunciation is accepted, the court will appoint a new executor to administer the estate.
A grant of letters of administration is a legal document issued by a probate court that authorises an administrator to administer the estate of a person who died intestate (without a will). The administrator is typically a close relative of the deceased, such as a spouse or child.
To apply for a grant of letters of administration, you generally need to file a petition with the probate court.
The petition should include information about the deceased, their assets and liabilities, and the proposed administrator. The court will review the petition and, if approved, issue a grant of letters of administration.
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Please note: The information in this article is provided for general information purposes only and does not constitute legal advice. It is not intended to be comprehensive or to apply to any specific circumstances. You should seek independent legal advice before acting on any information contained in this article.