In Victoria, a deceased estate refers to the assets, liabilities and legal matters left behind after a person dies. It includes all the property, possessions, financial accounts, investments and debts owned by the deceased individual.
Dealing with a deceased estate involves distributing and managing these assets according to the deceased person’s wishes as stated in their will, or according to intestacy laws if no valid will exists.
When a person dies, their estate becomes the responsibility of an executor or administrator, who is typically named in the will. The executor’s role is to handle the various tasks related to the deceased estate.
If the deceased did not leave a will, the court appoints an administrator to handle the administration of the deceased person’s estate. The administrator is typically a close relative or next of kin of the deceased person. The order of priority for the appointment of an administrator in Victoria is outlined in the Administration and Probate Act 1958.
Administering a deceased estate typically involves the following process:
Dealing with a deceased estate can be a complex and time-consuming process. It often requires the assistance of an experienced estate lawyer to ensure that all legal requirements are met and the deceased person’s wishes are fulfilled.
When administering a deceased estate, the following types of debts are typically paid using the assets of the estate:
If the debts of a deceased person cannot be fully discharged using the assets of the estate, one of the following outcomes typically result:
In Victoria, if a person dies without leaving a valid will, they are said to have died “intestate”. In these cases, the distribution of the deceased person’s estate is determined by the intestacy laws of Victoria.
The process usually goes as follows:
In Victoria, probate is generally required in the following circumstances:
If you are in charge of administering a deceased estate, or you need assistance regarding a deceased estate, our estate lawyers are able to help you with all matters relating to deceased estates including:
Get in contact with us today to sort your deceased estate matter by clicking the button below:
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Nick Ciancio (Home)2024-06-04I would highly recommend Sandro and the team at Campus Lawyers for your conveyancing needs. Their correspondence was clear and concise, as well as quick responses on any questions raised. They guided us through every step of the way, of our home purchase, making the process to settlement seamless. Thank you
M Mocko2024-06-02Third time experience with Cindy and the team at Campus Lawyers and every time their service was excellent. Both Cindy and Sandro are very approachable, professional, and always take time to reply to phone calls and emails. I would highly recommend them for any conveyancing needs!
Sean Langelier2024-05-24First class, extremely attentive and friendly. Highly recommend!
Louie G-bags2024-05-24Sandro and Cindy were absolutely amazing. They took my calls and answered emails promptly, which made the sale process a much more reassuring one! Highly recommend.
David Hodgson2024-05-16I used Sandro and Cindy for legal and conveyancing services on my first home , they were fantastic always available to answer questions or clarify things, they made the whole process much more relaxed and seamless , i would definitely use Campus legal again
Zara Tam2024-05-14I recently utilized the services of Campus Lawyers & Associates for a property settlement. From the outset, Sandro displayed exceptional responsiveness to my initial online inquiry. He provided a transparent cost estimate, breaking down the services in detail and guiding me through the steps involved. Once we confirmed the scope of work and proceeded with the property, Cindy demonstrated thoroughness in guiding us through all the COS documents, patiently interpreting clauses to ensure our complete understanding. The entire process was smooth, with both Sandro and Cindy keeping us informed every step of the way. Following the settlement, Sandro provided a comprehensive summary letter detailing all costs and legal expenses, along with sharing eCT for our records. Their professionalism and expertise were instrumental in facilitating a smooth property settlement process. Thank you so much for the professional legal guidance and support.
Craig King2024-04-26My wife and I would highly recommend the Campus team as they are so efficient and precise. With the purchase and sale of our properties we were in very good hands they dealt with every aspect. Sandro was always contactable and informative he kept us in the loop with every document and transaction. We cant thank them enough and we would happily recommend them . Thank you Cathy and Craig.
Maurice Fakhri2024-04-26We have dealt with a few different conveyors/solicitors in the past when purchasing/selling property and never have we experienced such professionalism & friendly service, advice & such thorough work as with Campus Lawyers & Associates. Can honestly say we’ll never use anyone else. Cindy & Sandro would have to be the most sweetest & honest of humans still around. Having these guys taking care of our legalities has been a blessing.. Thank you Cindy & Sandro!!
Morgan Madden2024-04-15Very helpful lawyers. My go to for anything property or estate related. Highly recommend.
Sharon Erbacher2024-04-13We used Campus Lawyers for a conveyance recently and were impressed by their efficiency and professionalism. They have well-developed processes to guide clients through each step of the conveyancing process, and were always quick to respond if we had additional questions. We will certainly be using them again for future property transactions.
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