In Victoria, the process of obtaining a Grant of Probate typically takes between 2 to 6 weeks. For uncomplicated applications that are lodged promptly, the timeframe is generally around 18 to 30 days.
If these timeframes and terms seem confusing, don’t worry – we’ll break down the process in detail throughout this article. We’ll explain each step of the probate process, clarify important terms, and make sure that by the end of this blog, you’ll get a full understanding of what probate is and how long it usually takes in Victoria.
What is Probate and a Grant of Probate?
Probate is the legal process that validates a deceased person’s will and confirms the appointment of the executor. This process is overseen by the Supreme Court of Victoria.
A Grant of Probate is an official document issued by the Supreme Court of Victoria. It serves two purposes:
- It confirms that the will is valid and is indeed the last will of the deceased.
- It authorizes the executor named in the will to manage and distribute the deceased’s estate according to the will’s instructions.
The Grant of Probate is necessary when the deceased owned certain types of assets, such as real estate in their sole name, or significant bank accounts. It provides legal authority to the executor to deal with these assets and protects the executor from potential liability.
The Probate Process in Victoria: Step by Step
- Locate the will: Find the original will of the deceased. This is typically kept in a safe place or with the deceased’s lawyer.
- Apply for a death certificate: Obtain an official death certificate from the Registry of Births, Deaths and Marriages Victoria.
- Advertise intention to apply: Before applying for a Grant of Probate, the executor must advertise their intention on the Supreme Court of Victoria Probate Online Advertising System. Note, that this advertisement must be published for at least 14 days before lodging the probate application.
- Gather estate information: Compile a list of the deceased’s assets and liabilities. Include bank accounts, properties, investments, and any debts.
- Prepare probate application: Complete the necessary forms for a Grant of Probate. In Victoria, this includes:
- Summons for Probate
- Affidavit of Executor
- Inventory of assets and liabilities
- Original Will
- Lodge application: Submit the completed application to the Probate Office of the Supreme Court of Victoria.
- Court review: The Supreme Court reviews the application. This typically takes 1-4 weeks.
- Respond to requisitions: If the Court requires additional information, they will issue requisitions.
- Grant of probate issued: If everything is in order, the Court issues the Grant of Probate.
Administer the estate: Once probate is granted, the executor can begin administering the estate. This involves collecting assets, paying debts, and preparing for distribution.
How Long After Probate Can Funds Be Distributed In Victoria?
It is recommended that executors wait at least six months after obtaining a Grant of Probate before distributing any estate assets to beneficiaries. This waiting period is there for several reasons:
- Creditor claims period: Creditors have 6 months from the date of the Grant of Probate to make claims against the estate. Waiting for this period to expire helps executors avoid personal liability for any outstanding debts.
- Potential family provision claims: Eligible persons have 6 months from the Grant of Probate to contest the will by making a Family Provision Claim.
- Notice to beneficiaries: Executors must give beneficiaries notice of their entitlement. In Victoria, beneficiaries then have 30 days to request further information about the estate.
- Tax obligations: The executor must ensure all tax obligations of the deceased and the estate are met before distribution.
If executors distribute assets before this six-month period and there are outstanding debts or claims, they may become personally liable for those obligations.
Given these considerations, fund distribution typically occurs as follows:
- Partial distribution: Some executors may make a partial distribution after 3-4 months if they’re confident sufficient funds will remain to cover potential claims.
- Full distribution: A full distribution often occurs after 6-12 months from the Grant of Probate, assuming no complications arise. Once the six months have elapsed, and all estate liabilities and expenses have been settled, executors can proceed with distributing the remaining estate to the beneficiaries named in the will.
Wrapping Things Up
So, as we learned, while obtaining a Grant of Probate in Victoria typically takes 2-6 weeks, the entire process of administering and distributing an estate is more extensive, often lasting several months to a year or more.
It’s highly recommended to seek legal advice to help you navigate this process effectively, especially when dealing with complex estates or if there are concerns about potential claims against the estate.
Need Expert Guidance? We're Here to Help
If you’re an executor facing the challenges of probate in Victoria, you don’t have to navigate this complex process alone. At Campus Lawyers, we specialise in probate law and have years of experience helping people in Melbourne distribute estates smoothly and efficiently.
Our probate lawyers can assist you with:
- Preparing and filing applications for Grants of Probate or Letters of Administration
- Providing executor assistance for those who want to manage the process themselves
- Offering full estate administration services, handling everything from probate application to asset distribution
- Addressing complex probate matters, including contentious issues and estate litigation
Don’t let the complexities of probate overwhelm you. Let our experienced team guide you through the process, contact us at info@campuslawyers.com.au or dial 1800 99 2005.