Probate & Letters of Administration

Probate & Letters of Administration

Helping You Administer an Estate with Clarity and Confidence.

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Managing a loved one’s estate after their passing is an important responsibility, but it can also feel overwhelming. Whether you’re named as an executor in a Will, or stepping up to handle an estate where no Will exists, you’ll likely need formal approval from the Supreme Court of Victoria before you can begin dealing with any significant assets.

At Wakefield Lawyers, our experienced Probate lawyers are here to guide you through the legal process with compassion, professionalism, and a focus on efficiency so you can carry out your duties with confidence.

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What Is Probate?

If you’ve been appointed as an Executor in someone’s Will, the first step is to apply for a Grant of Probate through the Supreme Court. This legal document confirms that:

• The Will is valid;
• You are authorised to manage the estate;
• You may legally deal with the deceased's assets, such as bank accounts, property, and shares.

Without this grant, you will not be able to access funds or sell property (except to pay funeral costs). Our team is here to streamline this process and help you meet the court’s requirements, which are often strict and detailed.

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What We Do

Wakefield Lawyers will assist you with:

• Interpreting the Will
• Preparing and filing the application for Probate
• Identifying and collecting estate assets
• Settling debts and liabilities
• Advising on legal risks or complications
• Distributing the estate in accordance with the Will

We bring decades of experience in Estate Law and a deep understanding of the Probate Office’s expectations, which helps avoid unnecessary delays and ensures a smoother outcome for all involved.

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What You’ll Need to Begin

To get started, we usually require:

• The original Will
• The original Death Certificate
• A list of significant assets and liabilities, such as:
  
  • Property addresses
    
  • Bank account summaries
  • Loan details
  • Superannuation and share portfolio information
  • Aged care accommodation bonds (if applicable)
• A basic understanding of the family tree

We’ll guide you through the rest.

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What If There Is No Will?

If the person who has passed away did not leave a valid Will, you will need to apply for Letters of Administration rather than Probate.

This legal document appoints an Administrator, usually the next of kin or someone with a claim to the estate, to carry out the same duties as an executor would. This includes:

• Collecting assets
• Paying debts
• Distributing the estate according to the laws of intestacy, as set out in the Administration and Probate Act 1958 (Vic)

The distribution will follow a set formula under the law, rather than personal wishes, and our lawyers will help you understand how that applies in your situation.

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Experienced Guidance When You Need It Most

Whether you're applying for Probate or Letters of Administration, our Gippsland Estate Lawyers are ready to assist you with expert advice, practical solutions, and a steady hand throughout the process.

Let Wakefield Lawyers help you honour your loved one’s legacy while navigating the legal requirements with confidence and care.