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Deceased Estates
Handling a deceased estate requires careful legal, financial and practical management, often at a difficult time for families. We provide clear advice and hands‑on support to executors, administrators and beneficiaries from obtaining a grant through to final distribution of assets.
HOCW’s deceased estates and probate lawyers assist executors, administrators, beneficiaries and families across Melbourne and Mount Waverley with probate applications, estate administration and related estate issues. We provide clear advice on the steps involved, the documents required and the responsibilities of an executor or administrator.
When is probate required?
Probate and letters of administration - We help you obtain the appropriate grant from the Court, whether there is a valid will (probate) or no valid will (letters of administration). This includes advising on which type of grant is required, preparing the application and supporting documents, and guiding you through the process until the grant is issued.​
Applications for limited grants - In some situations, a limited grant is required, often on an urgent or interim basis. We advise on when a limited grant is appropriate, prepare the application and help you understand the scope and limits of your authority under that grant.​
How we help executors and administrators
Executor duties and estate administration - Executors and administrators have important duties and obligations, including collecting assets, paying debts and distributing the estate in accordance with the will or intestacy laws. We guide you through each step of the administration process, from identifying and realising assets to preparing distributions and estate accounts, for estates ranging from modest to high‑net‑worth, including those with trusts and self‑managed superannuation funds.​
Trust administration - Where a will or estate involves trusts, trustees must understand and comply with their obligations. We advise trustees on managing and distributing trust assets, exercising discretions, and keeping appropriate records, helping to reduce the risk of disputes and ensure beneficiaries are treated fairly.
Estate disputes and when to seek advice
Estate disputes can arise where there are concerns about an executor’s conduct, disagreements about the administration or distribution of an estate, a contested will, or uncertainty about a trustee’s obligations. Seeking advice early can help clarify your rights and responsibilities, protect estate assets and identify practical options for resolving issues. Our lawyers advise executors, beneficiaries, trustees and family members on a range of estate disputes and can guide you through the appropriate next steps. For further information, see our Wills and Estates Disputes page.
Frequently Asked Questions About Probate, Deceased Estates And Estate Administration
When someone passes away, their deceased estate is usually administered by an executor named in their will or, if there is no will, by an administrator appointed by the court. This includes applying for a Grant of Representation, collecting assets, paying debts and final expenses, and distributing the estate to beneficiaries.
Probate is a court process that confirms a will is valid and gives the executor legal authority to manage and distribute the deceased estate in Victoria. It is often required where the estate includes real property, significant investments or bank accounts held solely in the deceased’s name.
If a person dies without a will (intestate) in Victoria, an eligible person such as a spouse, partner or close family member can apply for letters of administration to deal with the estate. The estate is then distributed according to Victorian intestacy laws, which set out which relatives are entitled to share in the estate.
An executor is appointed under the will and is often a family member, trusted friend or professional adviser. If there is no will, an administrator is appointed by the Supreme Court of Victoria, typically a spouse, partner, adult child or other close relative.
The time required to obtain probate and finalise a deceased estate depends on the complexity of the assets and any issues that arise. Straightforward estates are often administered within several months, while estates involving businesses, trusts, property sales or disputes can take longer.
Yes. A will or deceased estate can be challenged, for example where the will is said to be invalid, where an eligible person has not been adequately provided for, or where there are concerns about how the estate is being managed by the executor or administrator.
As an executor, you must protect estate assets, apply for probate if required, collect assets, pay valid debts and taxes, and distribute the estate to beneficiaries in accordance with the will. You must act in the best interests of the estate and beneficiaries and keep proper records.
You should seek legal advice if you are unsure whether probate is required, if the estate is complex, if there are debts or tax issues, or if there is conflict between beneficiaries or family members. Early advice from an experienced wills and estates lawyer can help you manage the process and avoid mistakes.
