Unit 2/36 Synnot Street,
Werribee VIC 3030
info@wyndhampartners.com.au
03 9749 8799

03 9749 8799

Enquire Now
(03) 9749 8799

Probate

Probate

What is Probate and when do I need it?

Probate is the legal process of proving and registering a deceased person’s Will with the Supreme Court. When a person passes away, they leave behind their assets, liabilities and / or property which is known as their ‘Estate’. If the deceased has a valid Will, their Executor is responsible for ensuring that their debts are paid, and any assets are distributed to beneficiaries in accordance with their Will.

The Supreme Court provides a Grant of Probate which legally validates the Will and allows the Executor the right to deal with the deceased’s Estate in line with their wishes contained in their Will.
What are Letters of Administration and the laws of Intestate
If a person passes away without a valid Will, it is considered that they have passed away “Intestate”. The deceased next of kin can apply to the Supreme Court for Letters of Administration, which is a grant to allow the next of kin to be appointed as the Administrator of the deceased’s Estate. Like the Executor, the Administrator will be responsible for ensuring that the deceased’s debts are paid, and any assets are distributed in line with the laws of Intestate.

It is important to note that the laws of Intestate may not always result in a distribution which is in line with the deceased’s wishes. Therefore, it is imperative to have a valid Will in place.

What should I do if I need a Grant of Probate or Letters of Administration?

If a loved one has passed away and you’re responsible for managing their estate, the first step is understanding whether you need a Grant of Probate (if there’s a valid Will) or Letters of Administration (if there’s no Will). Grant of Probate and Letters of Administration are highly technical areas of the law and it is recommended that while you can apply yourself, many people find the process complex or overwhelming – especially during an emotional time. Our team can guide you through every step and ensure everything is handled smoothly and you feel supported.
Contact Us
(03) 9749 8799

If you would like further information please fill out the form and a team member will contact you. Obligation free.

PROBATE ENQUIRE

Frequently Asked Questions

Who applies for Probate?
The executor named in the Will is responsible for applying for probate. If there is no Will, or the executor is unable or unwilling to act, a family member or other eligible person can apply for Letters of Administration instead.
How long does Probate take?
If there are no complications, a Grant of Probate usually takes 8 to 12 weeks from the date the application is filed. Gathering the necessary documents before lodging the application may take additional time.
What documents are needed for a Probate application?
To apply for Probate, you’ll typically need:

  • The original Will

  • The original Death Certificate

  • An inventory of the deceased’s assets and liabilities

  • An affidavit by the executor


We will prepare and file all required documents with the court.
What if the Will is lost or invalid?
If the original Will cannot be found or is deemed invalid, the court may require additional evidence or treat the estate as if there was no Will. Legal advice is essential in these situations to guide you through the next steps.
What happens after Probate is granted?
Once Probate is granted, the executor can:

  • Access bank accounts

  • Sell or transfer property

  • Pay debts and taxes

  • Distribute assets to beneficiaries


The executor must keep records and act in the best interests of the estate throughout the process.
x
Our Location
Unit 2, 36 Synnot Street,
Werribee, Vic, 3030
Contact Us
Call : (03) 9749 8799
Fax : (03) 9749 8790
Email: info@wyndhampartners.com.au
Opening Hours
Mon - Fri: 9:00am - 5:00pm
Sat- Sun : Closed