Where there’s a Will, there’s Probate
Obtaining probate is a critical legal step before you, as executor, can administer an estate. Let our team of Probate Lawyers in Melbourne help make the processes seamless for you, for a fixed fee.
How It Works
Step 1: Chat with the W Legal Group Team
Our team will help you navigate through your individualised situation and explain the process of obtaining Probate and the costs involved.
Step 2: We will prepare and lodge your Probate application
W Legal Group will deal with the paperwork to ensure it is done properly.
Step 3: Probate granted
You can now deal with the bank, property, super fund, and other assets.
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What is Probate?
Probate (also known as Grant of Representation) provides a person, ordinarily the named executor in the Will, with the legal right to administer the estate of the deceased person.
Probate is a legal document that confirms that a Will is valid and can be acted upon.
When is Probate necessary?
Probate may be obtained if the deceased had a valid Will.
Probate is necessary before the executor can legally administer the estate of a deceased person.
When should you apply for Probate?
As soon as possible.
It can be hard losing a loved one, but harder when their estate remains undealt with.
How much does Probate cost?
A Probate Application Fee varies depending on the total value of the deceased estate.
Who can apply for Probate?
The named executor would ordinarily apply for Probate to ensure they have the legal right to administer a deceased estate.
This may be done:
The executor submits the application themselves; or
ii. by a lawyer
You appoint a lawyer to assist you with submitting the Probate Application.
Do you need a copy of the original Will to apply for Probate?
Yes. The original Will is required when submitting your Probate Application.
What happens if there is no valid Will?
If there is no valid Will, then you cannot proceed with a Probate Application.
Instead, you will proceed with a Letters of Administration Application.
How long does it take to get a Grant of Probate?
The first step in applying for a Grant of Probate is to lodge a notice of intention with the Court. The notice is published for at least 14 days before you may file your application for the Grant of Probate.
After lodgement of the application, it can take up to 2-3 months to obtain the Grant depending on the Court’s current service level, whether there is a current backlog with the Court and whether any requisitions are received from the Court for the application.