Probate and letters of administration

Your Will says what should happen to your assets and whom you would like to handle things for you upon your death. Your Executor must locate your ORIGINAL Will. Generally your Executor will know where this is and should keep it exactly as they found it.

PROBATE

A Grant of Probate in Victoria is a certificate from the Supreme Court of Victoria in which the Probate Office officially recognises the Executor named in the Will.

In general the Executor:

• Finds the Will and checks to see who it appoints as Executor;
• Ascertains details of assets and liabilities of the deceased;
• Applies to the Probate Office for Probate;
• Arranges for asset holders to transfer assets;
• Pays any outstanding debts, taxes, funeral expenses;
• Distributes the estate to the beneficiaries pursuant to the Will.

The Executor may also have to arrange for a transfer of real estate.

Executor/s must comply with certain duties pursuant to Statute and must be accountable in their administration of deceased estate/s.

APPLYING FOR PROBATE

In order to obtain a Grant of Probate, the Executor lodges an application at the Probate Office. A lodging fee applies and there is specific documentation which needs to completed in support of a Probate application.

If there is a will but no Executor, the estate still goes to the beneficiaries named in the Will. However since there is no Executor to apply for Probate, one or more of the beneficiaries need to apply for Letters of Administration as described below.

WHAT IF THERE IS NO WILL?

If there is no Will you must apply for “Letters of Administration” at the Probate Office. Probate only applies to Wills.

LETTERS OF ADMINISTRATION

A “Letters of Administration” certificate looks almost the same as a Probate certificate and serves the same purpose. It allows administrator/s to deal with deceased estate/s.

As there is no Will to say whom should inherit the estate, the estate gets divided in accordance with a formula set out by the Government. In addition, there is an order in which the next of kin are entitled to apply for Letters of Administration.

 

Information required for PROBATE APPLICATIONS

A) DECEASED'S DETAILS
- Full and correct name of deceased
- Did the deceased hold any assets under an alias
- Late of address and occupation .
- Full Death Certificate
- Date of Birth ...... - Confirmation that the deceased did not marry nor end any marriage since date of Will

B) EXECUTORIS DETAILS
- Full name of the applicantls (confirm if any middle names not disclosed in the Will)
- Full address & occupation
- Relationship to the deceased, if any (ie. Wife, Son or none)

C) WILL'S DETAILS
- Photocopy of Will
- Full names and current addresses of witnesses

D) DETAILS OF ASSETS & LIABILITIES
- List of assets in Victoria and elsewhere
Details required are: .
REAL ESTATE - address, Certificate of Title Vol. & Fol. Nos., and the executor's
valuation thereof (If half share are involved, please specify whether held jointly or as
tenants in common).
PERSONAL ESTATE - name of company, address; description of asset, and value as at
date of death including any accrued interest
- List of all known liabilities as at date of death (other than funeral account)

E) ADVERTISEMENT
- If the advert has already been placed, please supply copy thereof and information of
date of advert, name of newspaper, and where published. Otherwise specify whether you
require me to draft and place the advert.

 

Information required for LETTERS OF ADMINISTRATION APPLICATIONS

A) DECEASED'S DETAILS
- Full and correct name of deceased
- Did the deceased hold any ,assets under an alias (If so specify the name and description
of the asset)
- Late of address and occupation
- Marital status of the deceased (that is, married, bachelor/spinster, widower/widow or
divorced. If divorced specify the date on which the decree of dissolution of marriage
became absolute)
- Full Death Certificate (If you require me to obtain this certificate please forward copy
of Extract or the Registration No. contained therein)
- Date of Birth

B) APPLICANT'S DETAILS
- Full name of the applicant/s (confirm if there are any middle names)
- Full residential address & occupation
- Relationship to the deceased
- State the names of all those entitled by law to share in this estate (Please call me if you
are not certain as to who is entitled and/or who must be cleared off before the applicant
can make application)
- Specify those beneficiaries that are not of the full age of 18 and or unable to manage
their own affairs

C) DETAILS OF ASSETS & LIABILITIES
- List of assets in Victoria and elsewhere
Details required are:
REAL ESTATE - address, Certificate of Title Vol. & Fol. Nos., and the executor's
valuation thereof (If half share are involved, please specify whether held jointly or as
tenants in common).
PERSONAL ESTATE - name of company, address, description of asset, and value as at
date of death including any accrued interest
- List of all known liabilities as at date of death (other than funeral account)

D) ADVERTISEMENT
specify whether you require me to draft and place the
advert otherwise give details of advert.