Legal Services
Probate & Administration
Sensitive, efficient guidance through the administration of a deceased estate.
Overview
How We Can Help With Probate
Administering a deceased estate, including any trusts that form part of it, can be a daunting and complex process, creating stress for both beneficiaries and executors.
Tragear & Harris has extensive experience guiding executors and administrators through every step, handling all court filings, creditor notifications, and asset distributions so that your family can focus on what matters most.
What We Cover
Our Probate Services
Probate Applications
Preparation and filing of all documents required to obtain a Grant of Probate from the Supreme Court of Victoria.
Letters of Administration
Assistance for family members where the deceased left no will, or where the named executor is unable to act.
Asset Collection & Management
Identification and collection of all estate assets, including real estate, bank accounts, shares, and personal property.
Creditor Notifications
Proper notification of creditors and management of all outstanding debts and liabilities of the estate.
Estate Distribution
Distribution of estate assets to beneficiaries in accordance with the will or the rules of intestacy.
Contested Estates
Advice and representation where a will is disputed, a family provision claim is made, or beneficiaries are in disagreement.
Common Questions
Frequently Asked Questions
Do I always need probate?
Not always. Small estates or those where assets are jointly held may not require probate. We can quickly assess whether probate is required for your loved one's estate during an initial consultation.
How long does probate take in Victoria?
The Supreme Court of Victoria typically processes probate applications within 4–8 weeks of lodgement. The full estate administration — including collecting assets and distributing to beneficiaries — generally takes 6–12 months.
What is the difference between probate and letters of administration?
Probate is granted when the deceased left a valid will and named an executor. Letters of Administration are granted when there is no will, or when the executor is unable or unwilling to act. Both authorise the holder to administer the estate.
Can a will be challenged?
Yes. In Victoria, eligible persons can make a family provision claim if they feel they have not been adequately provided for. A will can also be challenged on grounds of lack of testamentary capacity, undue influence, or improper execution.
What are the executor's responsibilities?
An executor is responsible for locating the will, applying for probate, collecting assets, paying debts, and distributing the estate. It is a serious legal obligation. We support executors through each step and ensure they fulfil their duties correctly.
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