Probate Lawyers

With PCL, you have the benefit of entrusting the process to a premium law firm with competitive pricing.

Probate is the legal process through which a deceased person’s assets are distributed and their debts are paid. If the deceased had a Will, a Grant of Probate will need to be obtained. If there is no Will, Letters of Administration will need to be obtained.

Probate lawyers advise the parties involved in administering the estate from the executors to the beneficiaries. In addition to the legal processes, we help clients navigate the process and do much of the administrative work. This includes dealing with banks, lenders and other institutions to obtain all the relevant financial information required for the probate process.

There are important steps that need to be taken during probate and executors will need legal advice to ensure that the process is handled without issues arising.

We offer a streamlined service which includes:

• The mandatory advertising
• Assist in dealing with banks and other institutions to determine the assets and liabilities of the Estate
• Preparing the probate application
• Lodging with Supreme Court (being the standard process)
• Assisting the executor in administering the assets of the Estate

This will enable the assets to be distributed quickly, and correctly, to the beneficiaries subject to any claims on the Estate.

Until the final distribution of assets is made, the executor is in control of the estate.

The executor will have control over the payment of debts, maintenance, collection of assets and distribution of assets.

We also assist executors in defending a contested will and other estate disputes and challenges, should the need arise.

We are here to help. Call us today on 1300 907 335 to discuss your situation or alternatively complete the form on this page and we will respond to you promptly.

We can meet online or in person to discuss your matter.

We guide and manage the probate process. A summary of the steps are as follows:

1. Is there a Will?
   Locate the original Will of the deceased: this will typically have been kept in a safe place. If you don’t have the original Will, it may be kept with the lawyer or the law firm that prepared the Will. If you only have a copy it can be helpful.
2. What if there is no Will?
   If the deceased passed away without a Will, this is known as dying intestate. This happens quite often, and the law caters for it. The assets will go to the relatives of the deceased and the probate process is fairly similar to when there was a Will. Where there is no Will, the process is called obtaining Letters of Administration and rather than having an Executor, the Estate has an Administrator.
3. Make a list of assets and liabilities: You will need to make a list of all the assets and liabilities of the deceased, including bank accounts, real estate, investments and any debts of which you are aware. This determines the value of the assets of the Estate.
4. Prepare the probate application: Probate lawyers complete the probate application documentation for the Executors or Administrators. The documentation is complex to prepare and needs to be accurate, to ensure that the Will gets probated, or that Letters of Administration are granted without delay. The idea is to avoid requisitions (further questions), which will delay the process. Our expert team strives to avoid such delays.
5. File the probate application: We will file the probate application with the Supreme Court of Victoria, along with the original Will and any supporting documents. There is a filing fee, which is based on the total value of the estate.
6. Administer the estate: Once the Grant of Probate has, (or Letters of Administration have) been made by the Supreme Court probate division, the Executor / Administrator can commence administer the estate. We assist our clients with the process by paying any outstanding debts and ensuring the correct distribution of the assets to the beneficiaries of the Estate.

PCL’s probate lawyers will ensure that the Estate of your loved one is dealt with competently, from obtaining the Grant of Probate through to final distribution of the assets.

We aim to simplify a complicated process and handle the legal the administrative processes of probate for clients.

Our probate lawyers have extensive experience in advising clients and managing simple and complex estate matters.

Call us today or alternatively complete the form on this page to discuss our how we can assist.