Are you in charge of distributing an estate?
Speak to Our Probate Lawyers in Melbourne Today!
If you are the executor of a will or estate and need to distribute the assets of the estate, we can help.
As experts in probate, we are here to help you do things correctly and according to the law, in order to complete the probate process smoothly and quickly and avoid the many common pitfalls that befall inexperienced executors of estates.
Firstly, What Is Probate?
Probate is the legal process that verifies the authenticity of a will, or absence of a will, and determines the rightful distribution of the assets in a deceased person’s estate according to the laws of inheritance in Victoria.
The process typically involves a number of steps such as filing the necessary documents, inventorying the estate’s assets, appraising their value, addressing any creditor claims, and ultimately distributing the assets to the rightful beneficiaries.
Do You Need a Lawyer to Do Probate in Melbourne?
The short answer is no, you do not need a lawyer to complete the probate process in Melbourne. This is known as a Do-It-Yourself probate, or pro se probate.
However, probate can be an extremely complex process and taking on this responsibility without an expert on your side can be challenging and often results in unnecessary expenses, time delays and emotional stress that an experienced probate lawyer could have prevented.
It’s also important to consider that as an executor or administrator of an estate, you may assume personal liability for any mistakes or breaches of fiduciary duty.
This means that if errors are made during the probate process, you could be held personally responsible, potentially leading to financial losses or legal consequences.
On top of that, there are many issues that commonly arise during the probate process that, if you are not experienced, can result in long term consequences, adding significantly more expense and delaying the time it takes to complete the process by months or even years.
Common Issues That Can Arise During the Probate Process
Unfortunately, probate is usually not a simple or quick process. There are many complexities and potential issues that can arise, especially if things have not been done correctly and according to the law.
Because probate can be legally complex, especially if the deceased didn’t leave a will or if there are disputes among the beneficiaries or family members, navigating the legal requirements and understanding the probate laws and potential estate taxes can be challenging for someone without legal expertise.
If the legal requirements are not correctly followed, some issues that can occur include:
Delays in Probate Proceedings
Probate proceedings are often time consuming, especially if all the steps in the probate process are not done correctly.
Errors or omissions in the paperwork or failure to meet specific requirements can result in the probate proceedings being delayed, prolonging the time it takes to settle the estate and distribute assets to beneficiaries, sometimes by several months or even years.
Expenses & Increased Costs
Probate can be costly, involving various expenses such as court fees, lawyers fees, executor fees and appraisal fees. These costs are typically paid from the estate’s assets before distribution to beneficiaries, which may affect the final value of the inheritance.
Mistakes or misunderstandings in completing legal documents may require revisions or resubmissions, leading to additional filing and legal fees. It can also result in the challenges to the validity of the probate, resulting in additional legal proceedings adding further expenses.
Disputes Among Beneficiaries
Due to the legal complexity of probate, disagreements or disputes among beneficiaries or family members can occur regarding the distribution of assets, validity of the will or the appointed executor.
Resolving these disputes can involve litigation, further complicating the probate process and resulting in increased time delays and additional costs.
Incorrect Asset Distribution
If assets are not properly identified or their value is inaccurately determined, dissatisfaction among beneficiaries and potential disputes can arise which often require legal resolution.
Non-Compliance with Legal Obligations
Probate involves fulfilling various legal obligations, such as notifying creditors, paying debts, and addressing tax matters.
Failing to comply with these obligations can result in legal consequences and potential penalties.
It is essential to understand the legal requirements to ensure proper compliance throughout the probate process and avoid costly future issues.
Emotional Stress
Dealing with probate while grieving the loss of a loved one can be emotionally challenging. The administrative tasks, legal complexities, and potential conflicts among family members can add additional stress to an already difficult time.
Tax Obligations
Probate may involve fulfilling various tax obligations, such as filing income tax returns for the deceased person and the estate, paying any outstanding taxes and addressing potential estate tax or inheritance tax issues.
Dealing with the tax requirements can be complex and time-consuming, which can be worsened if done incorrectly, resulting in more expenses and time delays further down the line.
How Long Does Probate Typically Take In Melbourne?
The time it takes to complete the probate process varies greatly depending on many factors including the complexity of the estate, any disputes or challenges that arise and the efficiency of the parties involved.
The typical timeline of probate:
Grant of Probate
Obtaining the grant of probate is the first step to confirm the executor’s authority to distribute the estate typically takes 4-8 weeks after submitting the application to the Supreme Court of Victoria.
Inventory and Asset Valuation
After receiving the grant of probate, the executor is responsible for identifying and valuing the assets of the deceased person’s estate.
This process can take from several weeks to several months, depending on the complexity of the assets, availability of information and any required professional appraisals.
This can be greatly sped up by having an experienced probate lawyer to help guide you through the process or even take care of the process completely.
Debts and Tax Settlement
The next step is settling any outstanding debts, including funeral expenses, taxes, and other liabilities.
The time this will take depends on the complexity of the estate’s financial situation and how quickly creditors’ respond.
Resolving tax matters, including filing tax returns and settling any applicable taxes can also contribute to the timeline.
By having experience dealing with estate and inheritance taxes, an experienced probate lawyer is able to minimise the time this step in the process takes.
Distribution to Beneficiaries
Once all debts and taxes have been paid, the executor can proceed with the distribution of assets to all the beneficiaries.
The timeframe for distribution can depend on a number of factors including the number of beneficiaries, the complexity of asset transfers and potential disputes or challenges to the will. This process typically takes from several weeks to several months to complete.
Overall Timeline
Considering the factors mentioned above, the overall probate process in Melbourne typically ranges from several months to a year or more, depending on the complexity of the estate and other specific matters.
We Can Help Speed Things Up
The assistance of an experienced probate lawyer can help to significantly reduce the time it takes to complete the probate process.
Because we have been through the process so many times, we understand all the intricacies of completing the probate process efficiently, and are able to shortcut your timeline by helping you avoid common pitfalls and errors that can open your probate up to significant delays.
How Much Does Probate Cost?
Due to the nature of probate and the fact that every estate is different, the costs are largely going to depend on your particular situation.
However, costs typically range from $3000-$10,000 or more depending on the value and the complexity of the estate, and the relationship between the executor and beneficiaries, if any disputes need to be settled.
After we have taken full instructions, based on your specific requirements, we will be able to provide a fixed fee quote. Our professional fees also may be deferred until the assets are called in, so that you don’t have to pay the full fee upfront.
As experts in probate, we are able to advise you on areas where you can reduce expenses, oftentimes significantly, such as avoiding mistakes and penalties, overpaying taxes or undervaluing assets.
How Our Lawyers Can Help You With Probate
As Melbourne’s top probate experts, we are here to guide you through the entire process to ensure that you don’t have to deal with all of these issues yourself, and in many cases, avoid them entirely.
We specialise in probate and have years of experience helping people in Melbourne distribute estates in a stress-free manner that allows them to get on with their lives and prevents damaging family disputes.
This experience allows us to advise you on the correct actions to take so that you are following the law and making the best decisions possible, minimising or even eliminating the potential for the problems listed above to occur.
Our aim is to help you complete the probate process as smoothly and as quickly as possible, with as little expense as possible, just like we have helped countless other Australians do.
The Main Benefits We Provide
- Significantly reducing time delays by helping you avoid errors, mistakes and pitfalls
- Helping you avoid unnecessary expenses by eliminating costly errors and ensuring you are not overpaying for things such as taxes and fees
- Quickly and efficiently responding to any requisitions raised by the court after filing the application by drafting and filing the appropriate and required documents in response in the specific manner the court requires (by way of a sworn affidavit with accompanying exhibits) to ensure delays in receiving the grant are minimised
- Eliminating emotional stress by advising you on the best course of action to take
- Reducing and helping you resolve any disputes in the most efficient manner possible
- Ensuring the process has been completed 100% correctly so that you will not have issues further down the line or open yourself up to legal challenges by other beneficiaries
Probate Services We Offer
Application For Grant of Probate
We can prepare and file the application to the Supreme Court for grant of probate or Letters of Administration on your behalf.
Executor Assistance Service (Done With You)
For those wanting to do the probate process themselves. We will provide guidance on the duties of an executor if you choose to manage the administration of the estate yourself once the grant has been obtained.
Administration of Estate (Done For You)
For those who want us to handle it all. This is a full service from applying for Probate and Letters of Administration, calling in of all assets (via our trust account) to the distribution of estate assets to beneficiaries, including conveyancing on property sales and or transfers and accounting. We take care of the entire process on your behalf.
We Can Also Assist You With
- Applying for a grant of Probate (where someone has died leaving a valid will)
- Applying for Letters of Administration (where there is no valid will)
- Applying for Letters of Administration where the executor named in a will has died or does not wish to act as executor (Letters of Administration with the Will Annexed).
- Advice and court representation for litigation, both defending an estate and for beneficiaries making a claim against an estate or who have an issue regarding the executor of an estate
- Advice with all probate matters including contentious, non contentious and complex probate matters
- Practically an matter related to probate and administration of deceased estates
Get Your Probate Matter Sorted Today
Our friendly and caring team are here to help you get your probate matter sorted, no matter how big or small. Speak to us today by clicking the button below:
Testimonials From Our Clients
Meet The Team
Our Locations
Contact Us Today!
To get in contact with us about your probate matter, either click the button below to call us or fill out the form and we will get back to you as soon as possible!