Service
Probate Lawyers Melbourne
When a loved one dies, dealing with their estate can feel overwhelming. Andrew O'Bryan makes the probate process as clear and stress-free as possible, guiding executors through every step.
About Probate in Victoria
Probate is the legal process by which a deceased person's Will is validated by the Supreme Court of Victoria, and the executor is formally authorised to administer the estate. Not all estates require probate — but where a deceased person held significant assets in their own name (particularly real estate), it will usually be required.
If a person dies without a Will (intestate), a family member can apply for Letters of Administration, which provides similar authority to an executor and allows the estate to be administered according to the intestacy rules.
Many executors are surprised by how much is involved in the probate process — gathering assets, notifying financial institutions, paying debts, managing tax obligations, and ultimately distributing the estate to beneficiaries. Andrew O'Bryan provides practical, experienced support throughout.
What's Involved
Andrew O'Bryan assists executors and administrators with every aspect of the probate process in Victoria.
- Advising whether probate is required
- Preparing and filing the probate application at the Supreme Court of Victoria
- Gathering estate assets and notifying financial institutions
- Managing estate liabilities and debts
- Preparing estate accounts
- Distributing the estate to beneficiaries
- Letters of Administration (where no Will exists)
- Handling contested probate matters
The Probate Process
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Initial Assessment
We review the Will, assess the estate's assets, and advise whether probate is required and the likely timeline.
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Application Preparation
Andrew prepares the probate application, affidavits, and supporting documents for filing at the Supreme Court.
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Court Filing
The application is filed and the Supreme Court issues the Grant of Probate (typically 4–12 weeks after filing).
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Estate Administration
With probate granted, Andrew assists you to gather assets, pay debts, and distribute the estate.
Probate — Common Questions
Probate is generally required when the deceased held assets in their own name above a certain threshold — particularly real estate registered in their name alone. Banks and financial institutions typically require probate before releasing significant funds. Some assets (like jointly held property or superannuation) pass outside the estate and do not require probate.
After the application is filed at the Supreme Court, probate typically takes 4–12 weeks to be granted, depending on court workload and whether the application is straightforward. Andrew's experience helps avoid delays from errors or incomplete documentation.
Probate is granted where the deceased left a valid Will and there is an executor who can apply. Letters of Administration is granted where the deceased died without a Will (intestate), or where there is a Will but no executor is able or willing to act.
An executor's duties include: locating and valuing all assets, notifying financial institutions, paying debts and liabilities, managing any tax obligations, preparing estate accounts, and distributing the estate to beneficiaries. Andrew can guide you through each step.
Even after probate is granted, a Will can be challenged — through a family provision claim (Part IV of the Administration and Probate Act) or a formal challenge to the Will's validity. Andrew O'Bryan can represent executors and beneficiaries in contested estate matters.
Some estate planning strategies can reduce the need for probate — such as joint ownership of assets, superannuation death benefit nominations, and testamentary trusts. However, for most estates with real property, probate will be required. Andrew can advise on your specific situation.
Related Services
Need Help With Probate? Andrew Can Guide You Through Every Step.
Speak directly with Andrew O'Bryan about your probate matter or estate administration needs.