Probate Lawyers Melbourne
If you’ve recently lost someone and need help to obtain a Grant of Probate, our Melbourne Probate Lawyers will guide you through each step of the probate process and assist you with any required estate administration duties.
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Expert Support & Advice
With over 100 years of providing trusted legal advice to Melbourne’s community, you can rely on our team to guide you through the probate process with efficiency and peace of mind.
Probate, Estate & Wills Specialists
Our team understands that managing an estate after the loss of a loved one can feel overwhelming. We provide clear practical advice to guide you through the probate process and help to ensure your loved ones' affairs are handled with care.
Expertise & Compassion
We recognise that probate matters often arise during an emotional and stressful time. Our experienced lawyers combine legal expertise and a compassionate approach to efficiently resolve probate and estate matters.
Comprehensive Probate Law Services
Why Work With Pearsons Family Lawyers?
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Helping You With Probate After Losing Someone
Losing a loved one is difficult, and we know that most people aren’t prepared for the amount of paperwork and legal administration required to begin estate administration. If the deceased has left a valid Will, you may need to apply for a Grant of Probate, depending on the nature, value and ownership of the assets left behind, as well as requirements from banks and other asset holders.
A Grant of Probate provides written permission from the Supreme Court of Victoria for the person responsible for administering the estate to lawfully do so. This enables them to act on the deceased’s wishes, as set out in their Will, and begin distributing the estate to beneficiaries.
In Victoria, the power to grant probate is set out in Part I, Division 2 of the Administration and Probate Act 1958 (Vic), and requires a number of steps to obtain. Our Melbourne Probate Lawyers can help you with all necessary steps, and will manage the timeline efficiently on your behalf, ensuring you can begin the estate administration process in a timely manner.
“The thing about having over 40 years of experience in Family Law is that you do not panic. In a crisis, you stay calm and remain courageous so that you do not lose focus on what is important, namely the clients’ needs.” – Leanne Abela (Principal Director)
Managing The Probate Process On Your Behalf
Services We Provide
With over 100 years of helping the Melbourne community through their legal matters, Pearsons Lawyers will provide expert advice and support during this challenging time.
Grant of Probate Applications
When a Grant of Probate is required, we will help you to gather documents, prepare and lodge your Supreme Court application, helping you to obtain authority to administer an estate.
Letters of Administration
If no valid Will has been left, or if no executor is able to act, we can assist with applying for Letters of Administration and support you through the estate administration process.
Executor Advice
Acting as an executor comes with important responsibilities at what is often an emotional time. We provide practical advice to ensure you understand your duties, avoid common mistakes and administer the estate with peace of mind.
Family Provision Claims
If you believe you have been unfairly left out of a Will, or you need to manage a claim against an estate, we provide clear advice and strong representation, within the required time limits.
Contesting or Defending a Will
Whether you're contesting or defending a Will, challenging a Will can be a complex process. We provide clear advice and strong advocacy to help protect your interests, within the Victorian time limits.
Estate Administration
Administering an estate can be overwhelming. We’ll provide practical advice and support to executors ensuring they meet their legal obligations and distribute the estate with certainty.
Jessica Wong - Senior Associate at Pearsons Lawyers
Do You Need a Grant of Probate?
In Victoria, not every estate requires a Grant of Probate. Smaller estates or jointly held assets may not require probate at all, but this depends on a number of factors. Different banks and financial institutions have their own internal requirements for transferring balances after someone passes away, so it’s important to speak directly with any account holding institutions and find out what they require.
As of July 1, 2026, the Supreme Court of Victoria defines a small estate as anything under $137,210, but a bank may require probate to release a $20,000 balance, or may not release a larger amount. Even if probate isn’t required, a death certificate will still need to be provided and the account will need to be solely in their name.
If the deceased held real estate solely or as tenants in common, probate will most likely be required. Jointly owned properties (such as those in the name of the deceased and their spouse or partner), will generally automatically be transferred to the surviving spouse under survivorship laws, but probate may still be required to update the title.
Accessing some assets may not require probate, including:
- Superannuation, insurance or trusts that have clearly nominated death beneficiaries
- Trusts, as long as the trustee is willing to pay beneficiaries without probate
It’s important to understand that every matter is different, and a small estate may require probate whereas a larger one may not in some cases. Please contact our Probate Lawyers today for advice on your situation.
What Are The Fees Involved With a Grant of Probate in Victoria?
The Supreme Court of Victoria sets out fees for Probate that are updated annually. As on July 2026, they are currently:
- Posting a notice of intention to apply for Probate on RedCrest-Probate Filing: $38.00
- Estates Valued Under $250,000: $0
- Estate Value $250,000-$500,000: $544
- Estate Value $500,000-$1,000,000: $1088
- Estate Value $1,000,000- $2,000,000: $2538.70
- Estate Value $2,000,000 - $3,000,000: $5077.40
- Estate Value $3,000,000 - $5,000,000: $7598.80
- Estate Value $5,000,000 - $7,000,000: $12693.40
- Estate Value $7,000,000 or more: $17,770.80
The Grant of Probate Process in Victoria
There are multiple steps required to obtain probate in Victoria, which we’ll outline below. The entire process generally takes between 2 and 6 months to finalise - but can extend significantly if the Will or executor cannot be located.
Find the original Will
The first step to obtaining probate is locating the deceased’s original Will. This may be a straightforward task if a copy of the Will has been made available to the executor, close family or friends, or if it is held with a lawyer, accountant or a trustee who has contact details of the executor.
But it can be very complex if, say, the Will was made 15 years ago, the executor has perhaps moved interstate or overseas and can’t be contacted. If a lawyer has the Will, they won’t be automatically notified if their client passes away. They may become aware, or they may not know until someone contacts them, such as a family member or an executor aware of their duties. Finding the Will may be simple in some cases, or take extended amounts of time if there are complex circumstances. It may involve looking through their home, filing cabinets, emails and legal records, asking those known most closely to the deceased at the time of death, or contacting their accountant, bank, trustee company or the Public Record Office Victoria. If only a copy of the Will can be found, this may be sufficient, but the Court will decide on if it is appropriate.
Identify the executor & confirm if they are willing to act
The Will names the person (or people) who the deceased wished to execute their estate. In some cases, an executor will be aware of their duties, but in some cases they may not, or may not be aware of the person passing away. If they are willing and able to act, or the executor is already known and present, they will often manage immediate steps and organise the funeral, and then begin the probate process. If they cannot or do not wish to act, another person may need to apply for authority to administer the estate.
Determine whether a Grant of Probate is required
A Grant of Probate is not automatically required when someone passes away in Victoria. If the estate is modest, assets are all jointly owned or in trust, or financial institutions are willing to release funds without probate, it may not be necessary to apply at all.
Obtain the death certificate and gather estate documents
In Victoria, the funeral director will usually register the death with the Registry of Births, Deaths and Marriages on behalf of the family. Births, Deaths and Marriages registers the death and issues the certificate. If the certificate has not been ordered, an eligible person will need to make an application to obtain one. If the deceased passed away interstate or overseas, a certificate will need to be obtained from the relevant state or country registry.
Identify assets and liabilities
The executor will now need to identify and make an inventory of all assets and liabilities, including bank accounts, property, shares and outstanding debts, and ensure valuations are correct. This information is required for the application and helps the court determine the fees for probate. A Probate Lawyer can assist you to create an inventory, identify if assets are solely or jointly owned, and contact any relevant organisations such as banks, insurers and superannuation funds.
Publish Notice of Intention
Before applying for probate, a Notice of Intention to Apply must be published on the Supreme Court of Victoria’s website through their online probate system. A small fee applies and it must remain published for at least 15 days before the probate application is lodged.
Gather documents & prepare application
Collect all required documents including the original Will, death certificate and list of assets and liabilities. The probate application and supporting affidavit are then lodged through the Supreme Court. Our Probate Lawyers can assist you to make an application, calculate the estate value and prepare the required affidavit.
File the probate application with the Supreme Court of Victoria
Once the waiting period has passed, an application can be lodged online using the RedCrest-Probate. Court filing fees will need to be paid, and the original Will provided to the Probate Office.
If court is satisfied, Grant of Probate is issued
After reviewing the application, if the Supreme Court is satisfied it meets legal requirements, it will issue a Grant of Probate. This gives the executor legal permission to begin managing and distributing the estate.
Executor collects assets and pays any outstanding debts
Once probate is granted, the executor can generally begin collecting assets and paying outstanding liabilities. A Probate Lawyer can assist you in contacting asset holders and creditors, transferring or selling property, resolving tax matters and ensuring payments are made in a timely manner.
Executor/s administer and distribute estate
Once debts and expenses are paid, and administration is finalised, the executor can begin distributing the remaining estate to beneficiaries in line with the Will. A Probate Lawyer can assist you to confirm beneficiary entitlements, reduce risks of claims against the estate and advise on any family provision claims or disputes that may arise.
How long does the process take?
The entire Grant of Probate process in straightforward matters, when information is accessible, can take 1-3 months, or longer when more information is needed.
The full administration of the estate will often take at least 12 months, and much longer if property needs to be sold, there are outstanding tax matters or any disputes arise. Our Probate Lawyers can help you at all stages of the process, ensuring you understand your obligations, avoid costly mistakes and efficiently manage the administration process while protecting beneficiaries' interests.
Your Role As An Executor or Administrator
In Victoria, the role of an executor and an administrator are very similar because both are responsible for taking care of managing and distributing a person’s estate. The difference is only how they are appointed, with executors chosen in a Will and administrators chosen by the Supreme Court.
These roles carry multiple legal and administrative responsibilities, as well as the ability to communicate well with all parties related to the estate, including loved ones who may be grieving, or even in dispute over an estate.
Executors need to distribute the estate in line with the Will, and administrators distribute according to instructions set out by Victorian intestacy laws or the Supreme Court.
Hope Keddou - Wills & Estates Solicitor at Pearsons Lawyers
Some of the duties executors and administrators are responsible for include:
- Locating and reviewing the Will, or confirming there is no valid Will
- Applying to the Supreme Court of Victoria for probate or authority to administer the estate
- Identifying beneficiaries under the Will or next of kin in line with rules of intestacy
- Arranging and paying for the funeral and immediate expenses
- Securing the deceased’s home and assets
- Managing any financial commitments, including mortgage, loans, credit lines, insurance and taxation
- Identifying and collecting all assets and liabilities
- Notifying beneficiaries
- Paying debts and costs associated with property and asset transfer or sale
- Dealing with any claims against the estate
- Distribute the estate, according to the Will, intestacy laws or court orders
- Keep records of assets, expenses and what each beneficiary received
- Finalising accounts, closing bank and utility accounts
The process can be complex and time-consuming. An experienced Probate Lawyer will help you manage required tasks, identify any issues or risks, respond to claims and make any necessary transfers.
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Client Reviews & Testimonials
Meet Our Probate Lawyers
Hope Keddou
Hope has extensive experience in estate litigation, probate, and administration matters. She assists clients across a range of Wills and Estates matters, including family provision claims, estate disputes, and probate applications.
Jessica Wong
Alongside her family law practice, Jessica is part of Pearsons' Wills and Estates and Powers of Attorney team. She has prior experience across wills, estates, and trust deeds, which she brings to bear when advising clients on estate planning matters.
Lisa Marie Santos
Before specialising in family law, Lisa worked extensively in Wills and Estates. She draws on this background to provide clients with clear, practical guidance on wills and Powers of Attorney, alongside her family law expertise.
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Know Where You Stand
Frequently Asked Questions
What is a Grant of Probate?
In Victoria, a Grant of Probate is made by application to the Supreme Court of Victoria when someone passes away. Its purpose is to recognise a Will as legally valid and grant the executor/s chosen in the Will legal permission to manage the deceased’s estate and distribute any assets to beneficiaries.
How long does it take for probate to be granted in Victoria?
For standard applications made through the Supreme Court of Victoria, the process for obtaining a grant of probate can take anywhere from a few weeks to a few months where the application is straightforward.
More complex estates may take longer, as additional information about the estate may need to be gathered and submitted with the application. In some cases, the Court may also request further information or documentation, which can cause delays. Applications that are incomplete or do not include the required documentation are likely to take longer to process.
The overall timeframe for obtaining probate in Victoria may also be affected by the Court’s current workload.
What is the estate value threshold for probate in Victoria?
Smaller estates, ranging from $20,000 to $50,000, may not require a Grant of Probate to distribute, but there is not set figure for what does, or does not require probate. If you are managing a smaller estate, unless there are specific reasons for doing so, such as a request for authority from a bank or superannuation fund to manage the deceased’s accounts, or a dispute, you may be able to distribute the estate without probate. Please get in touch with our Melbourne Probate Lawyers for advice about your situation.
What happens if someone dies and doesn't leave a will?
If someone passes away without a valid Will in place, or any Will in place, this is referred to as ‘dying intestate’ in Victoria. In this situation, the partner, next of kin or close friend of the deceased’s are required to apply for Letters of Administration through the Supreme Court of Victoria. If granted, the administrator can manage estate responsibilities and distribute assets on behalf of the deceased in line with rules of intestacy under the Administration and Probate Act 1958 (Vic). The estate will be distributed according to legislation, through the next of kin order of entitlement. This usually begins with their spouse or domestic partner, children, and moves through other relatives if there is no spouse or partner.
What is a Letter of Administration in Victoria?
When a person dies leaving no Will, Letters of Administration are generally sought by the closest living next of kin, such as the deceased’s spouse (or de facto partner), children, siblings or parents. There is a hierarchy of order regarding who can apply.
Without applying for Letters of Administration in court, a family member may not be able to access or manage certain estate assets. However, jointly owned property will generally pass automatically to the surviving joint owner.
How much does an executor of a will get paid in Victoria?
Not everyone gets paid for executing a will, and many people are happy to take on this role for a loved one who has passed. In many cases, a provision may already be made in the Will for a percentage of the estate or a thank-you gift for the executor’s efforts, as it can be emotional and time-consuming work.
Executors in Victoria may be entitled to compensation for their role in estate administration of between a maximum of 5% of the estate, which is subject to approval by the court, and will be outlined in the Will in most cases. The estate can also approve reimbursements for expenses, and beneficiaries may even agree to make a payment directly to the executor.
How do I distribute estate assets?
Estates must be distributed as set out in the will, by the person nominated as the executor, or the executors, based on the wishes that the deceased left. If there is no Will, potential beneficiaries will need to administer assets in line with intestacy laws or court orders. We’ve provided an in-depth description of executor and administrator duties higher up on this page, which include multiple steps from early identification of assets and liabilities, gaining court permission to represent the deceased’s estate, taking care of financial commitments and finally administering the estate, and managing any claims that may arise. Please get in touch with our experienced Melbourne team of Probate Lawyers for further advice if required.
Do I need a grant of probate for a small estate?
Not always. It will depend on what the estate assets are and the requirements to release funds of any involved banks and institutions. Jointly owned assets generally don’t require probate, but any solely owned real estate generally will.
What is the difference between a Grant of Probate and Letters of Administration?
A Grant of Probate applies where there is a valid Will in place and an executor is willing to act. Letters of Administration apply where there is no valid Will. Letters of Administration with the Will annexed apply where there is a valid Will, but no executor to act.
Can I apply for probate myself, or do I need a lawyer?
Yes, you can apply for yourself but it can be a very complicated and time-consuming process. A Probate Lawyer will help you to prepare your applications, gather information, communicate with banks, the ATO, insurers and other third-parties, ensure you understand your obligations and help you to avoid unnecessary delays.
How do I find the Will of a deceased person in Victoria?
In some cases, the deceased may have left clear instructions on how to access their Will, such as through a partner, family, or executor. Sometimes it may be necessary to search their home. If not, contacting their lawyer, trustee, accountant or bank (if it’s in a safe) may help locate it. If someone else has applied for a Grant of Probate already, you can contact the Probate Office at the Victorian Supreme Court, as they require a copy to grant probate. Under section 50 of the Wills Act 1997 (Vic), certain individuals are legally entitled to access a deceased person’s Will.
How long does an executor have to settle an estate?
In Victoria, an executor typically has up to one year from the date of death to distribute assets from a deceased estate, which is sometimes referred to as the ‘executor’s year’. However, this is a general guideline, and delays can occur due to complex Wills, delayed probate, beneficiaries who can’t be located, outstanding debts or tax issues, or challenges to the Will.
Melbourne Probate & Estate Lawyers
Let’s Work Together
1. Book your free first appointment
Get in touch today to organise your free 30-minute appointment with our Melbourne team of Probate Lawyers.
2. Understand Your Options
We’ll explain the probate process, answer your questions and provide clear advice about your matter.
3. We’ll Guide You Through The Probate Process
From the application process through to administering the estate, you’ll have peace of mind working with our team.
Know Where You Stand
Book Your Free First Appointment
During your free appointment with one of our experienced lawyers, we will:
- Discuss your circumstances and concerns.
- Answer any questions about the legal process.
- Explain your options and potential pathways.
- Provide information about your legal rights, obligations and entitlements.
- Outline the likely costs and timeframes involved.
Call our office or fill in the contact form to book your free appointment.
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(Please note we are closed between 1-2pm)
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If you are ready to speak to someone, please get in touch today and book your first appointment. We will be there for you every step of the way.