Apply for Probate or Letters of Administration from the comfort of your home.
Making an application for a grant of probate or letters of administration has traditionally
been a complex and costly process. At Asher Law, we have established efficient systems and procedures in order to provide a streamlined service with affordable fixed fees.
If your loved one's estate has a gross value of $1,000,000 or above, contact us for a hassle-free quote.
Explore our core features:
No Upfront Legal Fees
Our legal fees are not payable until after your application is granted.
Personalised Support and Guidance
Receive tailored assistance and advice throughout the process.
Expert Application Preparation
Your application will be
prepared by an experienced estate lawyer.
Transparent Fixed Fees
Enjoy clear and affordable pricing with no hidden costs.
Exceptional Quality
We are committed to delivering outstanding results.
Fast, Seamless and Efficient Service
Experience a streamlined process every step of the way.
If you’d like to learn more information about Asher Law's features, call us now for a free chat.
Your application simplified in four main steps:
01
Free Phone Consultation
Speak with an experienced estate lawyer
and answer some questions.
03
Signature and Witnessing
Your application is signed and witnessed.
02
Application Preparation
Your estate lawyer drafts your application.
04
Filing with the Supreme Court
Your estate lawyer lodges your
application with the Supreme Court online.
To get started with the application process, reach out to us today.
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What is probate?A grant of probate is a stamped and sealed certificate from the Supreme Court of Victoria which certifies and proves that a will is valid, the will maker has passed away, and the executor(s) named in the grant have authority to deal with the deceased will maker’s assets.
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Who may apply for probate in Victoria?In order to be entitled to apply for a grant of probate, you must be an executor named in the will and over the age of 18 years.
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What is the difference between a grant of probate and letters of administration?The main differences are: A grant of probate may be applied for where the deceased left a will and the executor appointed under the will is willing and able to administer the estate; A grant of letters of administration may be applied for where the deceased did not leave a will or where the deceased left a will that the Court has ruled is invalid; and A grant of letters of administration with the will annexed may be applied for where the executor appointed under the will is unwilling or unable to administer the estate. In addition, it may be applied for where the deceased left an informal will. An informal will is a will that does not satisfy the formal requirements of the law.
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How long does it take to obtain a grant of probate or letters of administration?Once an application is filed with the Supreme Court of Victoria, it generally takes up to four weeks to receive the grant where the application is standard, complete and uncontentious. In some instances, it may take longer if the Court is busier than usual or the Court has issued a requisition. A requisition is a letter from the Court requesting additional information or documentation.
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What happens if there is no will?In this instance, an eligible person may apply to the Court for a grant of letters of administration. An eligible person will most often be the next of kin who is a major beneficiary of the estate under the rules of intestacy. These are rules under legislation that set out how an estate is divided in circumstances where the deceased did not leave a will.
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How do I apply for a death certificate?A Victorian Death Certificate can be obtained by applying online at the following link: https://www.bdm.vic.gov.au/deaths/get-a-death-certificate
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What is a reseal?A reseal is where the Court re-stamps a grant made by a Court in another jurisdiction, for example, a grant made in another state or territory of Australia or overseas. The purpose of a reseal is to confirm that the grant may be used to deal with assets in Victoria.
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Do I need a reseal of my grant?A reseal of your grant made in another jurisdiction is generally only necessary where the deceased owned one or more assets in Victoria at the date of their death. However, it is important to note that not all types of assets held in Victoria require a reseal and therefore it is best to check if a reseal is needed before applying. For example, many banks and share registries usually do not require a reseal, whereas a reseal may be needed when dealing with real estate. Feel free to call us for some guidance.
Rachael Asher | Founder & Estate Lawyer
Rachael is a compassionate legal practitioner that is dedicated to serving her clients. Her objective is to deliver accessible estate law services in a practical, cost-effective, transparent and time-efficient manner.
She is admitted to the Supreme Court of Victoria and is experienced in mediation and advocacy. Rachael has worked in a range of areas in the law, including estate law, family law, commercial law and administrative law.
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Some of Rachael's achievements include winning the Supreme Court Medal for outstanding academic and professional promise in the Bachelor of Law and inclusion on the College Dean Honours Roll for outstanding academic excellence.
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Rachael has a special interest in exploring how technology can modernise and enhance the delivery of estate law services.
