Probate and Estate Administration in Bendigo
Practical assistance when someone has died
Dealing with a deceased estate can be difficult, particularly while grieving the loss of a family member or friend.
O’Haire Legal assists executors, administrators and families with probate, letters of administration and the administration of deceased estates throughout Bendigo and surrounding areas.
We provide clear advice about the steps required, the executor’s responsibilities and how the estate may be distributed.
How we can help
We can assist with:
determining whether probate or letters of administration are required;
applying to the Supreme Court of Victoria for a grant;
identifying the deceased’s assets and liabilities;
communicating with banks, superannuation funds and other organisations;
transferring or selling estate property;
paying estate expenses and liabilities;
advising executors and administrators about their duties;
distributing the estate to beneficiaries; and
dealing with issues that arise during the administration.
What is probate?
Probate is the process by which the Supreme Court of Victoria recognises a deceased person’s will as valid and confirms the authority of the executor named in the will.
A grant of probate may be required before the executor can deal with assets such as real estate, bank accounts, shares and investments.
Not every estate requires probate. Whether a grant is needed generally depends on the nature and value of the assets and the requirements of the organisations holding them.
What if there is no will?
When a person dies without a valid will, they are said to have died intestate.
An eligible person—usually the deceased’s closest relative—may need to apply to the Supreme Court of Victoria for letters of administration. If granted, that person becomes the administrator of the estate.
The estate is then distributed according to Victorian intestacy laws rather than according to personal assumptions about what the deceased may have wanted.
We can advise you about:
who is entitled to apply;
who may benefit from the estate;
the documents required;
the application process; and
the administrator’s responsibilities.
Letters of administration with the will annexed
Sometimes a valid will exists, but the named executor has died, is unable to act or does not wish to apply for probate.
In these circumstances, an appropriate beneficiary or other eligible person may apply for letters of administration with the will annexed.
We can determine the appropriate form of application and prepare the necessary documents.
Does every estate require a grant?
A grant may not be necessary if the estate contains only modest assets or assets held jointly with another person.
A grant will generally be required where the deceased owned Victorian real estate solely or as a tenant in common. Banks, financial institutions and share registries may also require a grant before releasing substantial assets.
We can contact the relevant asset holders and determine whether an application is required.
Probate and administration fees
Our fees depend on:
the number and nature of the estate’s assets;
the size and value of the estate;
the number of beneficiaries; and
the amount and complexity of the work required.
We will discuss the likely costs with you after obtaining information about the estate.
Court filing fees, advertising charges, property searches and other disbursements may also apply.
Frequently Asked Questions
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The time required depends on the circumstances of the estate, whether the application is straightforward, whether the Court requests further information and how long it takes to identify and value the assets. The broader administration can take longer than the probate application itself.
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Proper legal and administration expenses are generally paid from estate funds rather than personally by the executor, provided the expenses were reasonably incurred in administering the estate.
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Yes. It is common for a beneficiary, such as a spouse or adult child, to also be appointed as executor.
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The available options depend on whether the executor has already taken steps to administer the estate. An executor may be able to renounce probate before acting, allowing another appropriate person to apply.
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Assets held as joint tenants will commonly pass to the surviving joint owner. Assets owned as tenants in common form part of the deceased’s estate. The position depends on the ownership structure of the particular asset.
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Disputes may arise over the validity of the will, the conduct of an executor, the interpretation of the will or whether adequate provision was made for an eligible person. Obtain legal advice before distributing the estate if a claim has been made or is anticipated.