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Probate and Letters of Administration

Not many people realise just how much work is involved in sorting out someone’s financial affairs after they have died. Whether the person left a Will or not, it usually falls on the next of kin or other loved ones to manage the estate of the deceased. An application needs to be made to the court for Probate (someone who died with a Will) or Letters of Administration (someone who died without a Will) which is a complex group of documents. The court needs to approve this application before any transfer of any property or assets can occur.

If the deceased left a Will it falls on the person named as the Executor in the Will to put together an application to the Supreme Court of Victoria for something called “Probate”.  Probate is basically an order made by the Supreme Court giving an executor permission to distribute a deceased person’s estate as per their Will.

If the person did not have a Will, the next of kin must put together a similar application to the Supreme Court of Victoria for something called “Letters of Administration”. Only once Letters of Administration have been granted can the next of kin distribute the estate in accordance with the law.

Both applications involve a lot of paperwork and contain a fair amount of legal jargon.  A potential headache! You need Goodman Group Lawyers as we have systems in places to ensure our lawyers handle the process for you from start to finish with as little hassle as possible.  We are also experienced at advising and dealing with any number of questions you may have regarding a deceased estate.

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