Frequently Asked Questions On Probate In Victoria

It is hard when someone in the family dies but when there are also then legal considerations and you start hearing terms you might not be ready for or understand such as estate, probate, or executor, then things are even worse. A professional probate lawyer Melbourne can help with things and make it easier to deal with. Hopefully the person who has died has left legal documents in an easy place to find so that with the contacting of a lawyer, the property, debts and assets are all taken care of as the family member wanted. Here are some frequently asked questions about the process.

Q1. What is probate and what is Probate court?

The process of moving the property and assets that once belonged to the deceased to the right people when they have died is called probate. The legal court that determines certain legal things like taxes, paying creditors and such is called the probate court. They also certify that the person has passed, that there was a valid and legal will and that the named executor has the authority to carry out the deceased’s wishes.

Q2. Do you need probate when there is a will?

In Australia, the will’s executor needs a grant of probate from the court to get the access they need to certain types of assets. So yes. There are though some cases where probate might not be necessary and that includes situations where the property was held by joint tenants, when the value of the assets is low and the estate is small and in the case of intestacy, meaning there was no will. In that last case, the next of kin would have to apply for a Letter of Administration instead. This can be better explained by using a probate lawyer Melbourne or where you are.

Q3. How do you do a probate search Victoria?

There is an online database maintained by the Supreme Court of Victoria. It has all applications for administration or probate that have been filed for the last 50 years. You can do a probate search Victoria online on the Probate Office application index. There is also an index of caveats filed over the last 13 years and an index of wills. If you are looking for a grant of probate or administration that was filed later than July 2020 then these are stored at the probate office. There are fees to search for files. To undertake such a search at the probate office you need to;

• Check on the application index if the probate record exists. If it shows an application granted status then that means the file can be searched for.
• Then fill in and send your request to search form as well as the payment form for credit card authorisation.
• This is emailed to [email protected].

For any records where the administration or probate was filed after July 2020 then these are at the public record office in Victoria and you need to contact them directly.