reception@cgmsols.com

(03) 9439 9535

CAREW GARTLAN
McCLELLAND

Estate Administration

Deceased Estates

PROBATE AND LETTERS OF ADMINISTRATION

Probate is an order from the Court approving a Will and its executors as the right to manage a deceased estate. 

Our general fees include your initial appointment, lodging and obtaining Supreme Court Grant of Probate, correspondence to asset holders, transmission of any properties and distributing the gross Estate value as instructed in the Will.

As an executor, it can be challenging to navigate the best way forward.  At Carew Gartlan McClelland we can assist you with this process in a stressful time

Where the deceased left a Will ...

Probate

Probate is an order from the Supreme Court of Victoria which confirms that the deceased’s Will is valid. A Probate application sets out the deceased person’s assets and liabilities as at the date of passing. A Grant of Probate gives the executor/s formal authority to deal with the estate’s assets as specified in the Will. They will also have to arrange payment of any debts from estate funds. The balance of the estate is then distributed to the beneficiaries named in the Will.

Where there is no Will ...

Letters of Administration

Also known as Intestacy. Where there is no Will, or the Executor named in a Will is not able to act, an application for Letters of Administration can be made by a next-of-kin who is entitled to a share of the deceased's estate. The person appointed is called the Administrator of the estate. Once the Letters are granted, the Administrator must deal with the estate in accordance with the intestacy rules as set out in the relevant legislation.

Do I need Probate or Letters of Administration?

Probate or Letters are only required to deal with assets that are in the deceased person’s sole name. It is not required to transfer any assets that are held jointly, or for assets that are held on trust for the deceased person, such as Superannuation.

Where assets are held jointly, ownership will automatically pass to the person(s) who survive the deceased. The surviving person should contact each asset holder to notify them of the passing.

If the deceased held land or real estate in their sole name, Probate or Letters are required regardless of the value of the land.

Frequently Asked Questions
How is the Estate distributed?
When distributing an Estate, it must follow the terms of the Will. As an executor, you do not have the power to distribute funds in any way you see fit but instead, as described by the Will
When is Probate required?
Some asset holders such as banks or share registries may waive the requirement for Probate or Letters if the asset is below a certain threshold. The threshold amount is determined by the asset holder and varies anywhere between $15,000 and $50,000
What are you responsible for as an Executor?
Executors are responsible for administering and distributing the Estate. You also carry important fiduciary duties which have strict rules of compliance attached. We will guide you through your specific duties
When can you expect Estate proceeds?
Depending on the complexity of the Estate will alter the time frame for when funds are expected. It may also be worth considering waiting at least six months post Grant of Probate for Estates that may be subject to claims.
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Work included in a Probate/Letters Application

We will handle the entire process for you for a fixed fee!

Our work will generally including meeting you in person, identifying assets and liabilities, obtaining a Grant of Probate/Letters, liaising with asset holders and distributing the assets in accordance with the Will.  If there is real estate to be sold or transferred, our conveyancing team can manage the process and provide you with an estimated of the fees involved.

Other services we provide:
Applications for Revocation of Probate
Re-seal of Probate obtained outside of Victoria

SURVIVORSHIP APPLICATIONS

If you hold land jointly and the other joint owner has passed away, an application must be made to the Land Registry to have the title changed into your sole name.  Our firm can assist with the application and notifying the rating authorities of the change of ownership.

Estate Claims

KNOWN AS PART IV APPLICATIONS

ADMINISTRATION AND PROBATE ACT 1958 (VIC)

The above legislation regulate those who can make an order to the Court if they believe they are eligible for proper maintenance support from the deceased.  The key factors taken into consideration include the following:

To have a clear understanding of your chances of success, book an appointment with our team.

Interested in making an appointment?

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CAREW GARTLAN
McCLELLAND

Call us on (03) 9439 9535

Email us at reception@cgmsols.com

PO Box 23, ELTHAM, VIC 3095