Probate & Estate Administration Lawyers Bendigo
When someone dies, their estate often needs to be formally dealt with before assets can be transferred, sold or distributed to beneficiaries. This process can involve applying to the Supreme Court of Victoria for a Grant of Probate or Letters of Administration.
At O’Haire Legal, we assist executors, administrators and families with probate applications and deceased estate administration across Victoria. We provide clear advice, practical guidance and efficient preparation of the documents needed to move the estate forward.
What is Probate?
Probate is the legal process where the Supreme Court of Victoria confirms that a deceased person’s Will is valid and that the executor named in the Will has authority to deal with the estate.
Once probate is granted, the executor can usually:
collect estate assets;
deal with banks, share registries, superannuation funds and government authorities;
sell or transfer real estate;
pay estate debts and liabilities;
prepare estate accounts; and
distribute the estate to beneficiaries in accordance with the Will.
A Grant of Probate is often required where the deceased owned real estate, had significant bank funds, shares, managed investments or other assets that institutions will not release without formal authority.
What are Letters of Administration?
Letters of Administration may be required where a person dies without a valid Will, or where there is a Will but the named executor cannot or will not act.
If there is no Will, the estate is distributed according to the rules of intestacy. In most cases, a close family member applies to become the administrator of the estate. Once appointed, the administrator has legal authority to collect assets, pay debts and distribute the estate according to law.
Do I Need Probate or Administration?
Not every estate requires a Court grant. Whether probate or administration is needed depends on the type, value and ownership of the deceased person’s assets.
A grant may be required if the deceased owned:
real estate in their sole name;
bank accounts above the relevant bank’s release threshold;
shares or managed investments;
aged care bonds or refundable accommodation deposits;
business interests;
assets requiring formal transfer; or
assets where an institution requires a grant before releasing funds.
A grant may not be required for some jointly owned assets, smaller bank accounts or assets that pass directly to a nominated beneficiary, such as certain superannuation or life insurance benefits.
O’Haire Legal can review the estate assets and advise whether a probate or administration application is required.
How O’Haire Legal Can Help
We can assist with the full probate or administration process, including:
reviewing the Will and death certificate;
confirming who is entitled to apply;
identifying estate assets and liabilities;
preparing the Supreme Court probate or administration application;
preparing supporting affidavits and required notices;
dealing with requisitions or questions from the Probate Office;
obtaining the Grant of Probate or Letters of Administration;
assisting with transmission or transfer of real estate;
communicating with banks, share registries and other asset holders;
advising executors and administrators on their duties;
assisting with payment of debts and distribution to beneficiaries; and
helping resolve practical issues that arise during estate administration.
Executor Duties
An executor has important legal responsibilities. These include locating the Will, protecting estate assets, identifying beneficiaries, paying debts, keeping proper records and distributing the estate correctly.
Executors should be careful not to distribute the estate too early, especially where there may be debts, tax issues, family provision claims or uncertainty about beneficiaries.
We help executors understand their duties and take the correct steps so the estate can be administered properly and efficiently.
Estate Administration
Obtaining probate is often only the first step. Once the grant is issued, the estate still needs to be administered.
This may involve closing bank accounts, selling or transferring property, dealing with superannuation, finalising tax issues, paying liabilities, preparing distribution statements and transferring funds to beneficiaries.
O’Haire Legal can assist with either the probate application only or the broader administration of the estate.
Common Probate and Estate Issues
We can assist where:
the Will is unclear;
the original Will cannot be located;
there are multiple possible Wills;
an executor does not want to act;
a beneficiary is asking for information;
there are disputes between family members;
the deceased died without a Will;
real estate needs to be sold or transferred;
assets are held in different names or entities;
there are overseas assets;
there are tax or debt issues; or
the estate needs to be administered urgently.
Probate and Administration Across Victoria
O’Haire Legal assists clients throughout Victoria, including Bendigo, Ballarat, Shepparton, Echuca, Swan Hill, Mildura, Melbourne and regional Victoria.
Most probate and administration matters can be handled by phone, email and online communication, meaning you do not need to attend our office in person.
Speak to a Probate and Estate Administration Lawyer
If you have been appointed as an executor, need to apply for Letters of Administration, or are unsure what steps need to be taken after a death, O’Haire Legal can help.
We provide clear, practical advice and can guide you through the probate and estate administration process from start to finish.
Contact O’Haire Legal today to discuss your probate or deceased estate matter.