Probate & Estate Administration
Probate and estate administration in Victoria. Orange Legal Group guides executors through the grant of probate, asset collection and distribution.
Frequently Asked Questions
- What is probate?
- Probate is a court order issued by the Supreme Court of Victoria confirming that a will is valid and that the executor has authority to administer the estate. Probate is generally required before banks and other institutions will release the deceased's assets.
- How long does the probate process take?
- The Supreme Court of Victoria typically takes 4–8 weeks to grant probate once the application is lodged. The full estate administration process — collecting assets, paying debts and distributing to beneficiaries — can take 6–12 months or longer depending on the complexity of the estate.
- What are the executor's obligations?
- An executor must locate and collect all estate assets, pay the deceased's debts, lodge final tax returns, prepare an estate account, obtain a grant of probate and distribute the estate to beneficiaries. An executor who distributes the estate before paying debts can be personally liable.
- What is a family provision application?
- A family provision application is a court application under Part IV of the Administration and Probate Act 1958 by an eligible person who has not been adequately provided for in a will. Eligible persons include spouses, domestic partners, children and certain others. The application must be made within 6 months of the grant of probate.
- Can a will be challenged?
- Yes. A will can be challenged on grounds including: lack of testamentary capacity (the testator did not understand what they were signing), undue influence, fraud or forgery, or failure to comply with formal requirements. Challenging a will is complex and expensive — seek legal advice early if you have concerns.