A man in a suit and a woman with white hair and a mustard-colored coat kneeling in a church, facing the altar decorated with white flowers.(decorative)
Icon of a tombstone or memorial plaque on a pedestal.(decorative)

Probate & Deceased Estates

Clear, practical guidance when managing an estate after death.

Dealing with the legal and administrative steps after someone passes away can be complex and overwhelming, particularly at a difficult time.

At Baird & McGregor Lawyers, we assist executors, administrators and families across Ballarat, Daylesford and regional Victoria with probate, letters of administration and estate administration, providing steady, practical support from start to finish.

Two individuals holding hands, one with darker skin and the other with lighter skin, symbolizing connection and support.

Probate and Estate Administration

Managing an estate involves important legal responsibilities and strict procedural requirements. Whether you are an executor appointed under a Will or a family member administering an estate where there is no Will, we can guide you through the process.

We tailor our advice to your circumstances and handle as much of the process as you wish, allowing you to focus on family and personal matters.

What is Probate?

Probate is a formal legal process carried out through the Supreme Court of Victoria. It confirms that a Will is valid and grants legal authority to the executor to administer the deceased’s estate.

A Grant of Probate, issued by the Supreme Court of Victoria, allows the executor to lawfully deal with estate assets, including property, bank accounts and investments.

When is it required?

A Grant of Probate from the Supreme Court of Victoria is commonly required where:

  • The deceased owned real property in their sole name

  • Financial institutions or asset holders require court authority before releasing funds

  • There is uncertainty or dispute regarding the estate

Each institution sets its own requirements, and many will insist on a formal grant from the Supreme Court before releasing assets.

Probate may not be required where:

  • Certain jointly owned assets may pass to the surviving owner without forming part of the Probate estate

  • The estate consists only of small or low‑value assets, and institutions agree to release funds without a court grant

  • Superannuation death benefits are paid directly to nominated beneficiaries and do not form part of the estate

We can review the assets and advise whether an application to the Supreme Court of Victoria is required.

What are Letters of Administration?

Letters of Administration are a court grant issued by the Supreme Court of Victoria where a person has died without a valid Will, or where the named executor cannot or will not act.

The Court appoints an administrator to manage and distribute the estate in accordance with Victoria’s intestacy laws.

When are Letters of Administration Required?

Letters of Administration from the Supreme Court of Victoria are usually required if:

  • The deceased died intestate (without a Will)

  • The Will is invalid or does not appoint an executor

  • The executor has died, renounced their role, or is unable to act

  • Asset holders require formal court authority before releasing assets

Letters of Administration may not be required where:

  • Assets pass automatically by survivorship (such as jointly owned property)

  • Only low‑value assets exist and institutions agree to release funds without a court grant

  • Superannuation benefits are paid directly to dependents or nominated beneficiaries

As with probate, the need for a court grant depends on the particular assets involved and the requirements of institutions.

Close-up of two women exchanging a Baird & McGregor law firm brochure at a business meeting.

Estate Administration

Estate administration involves managing all legal, financial and practical aspects of a deceased estate, including compliance with executor or administrator duties.

We assist with:

  • Interpreting Wills and estate documents

  • Collecting and valuing estate assets

  • Dealing with banks, superannuation funds and institutions

  • Paying debts, liabilities and expenses

  • Preparing estate accounts

  • Transferring or Distributing assets to beneficiaries

  • Addressing executor and beneficiary queries

The Role & Duties of an Executor or Administrator

An executor or an administrator has important legal responsibilities when managing a deceased estate.

These responsibilities are governed by Victorian law, including the Administration and Probate Act 1958 (Vic), the Trustee Act 1958 (Vic) and related legislation. Executors and administrators must act carefully, as they can be personally liable if an estate is not administered correctly.

  • An executor or administrator is responsible for:

    • Applying for a Grant of Probate or Letters of Administration through the Supreme Court of Victoria, where required

    • Identifying, securing and protecting all estate assets

    • Collecting assets such as bank accounts, investments, shares and real property

    • Dealing with superannuation death benefits, where applicable

    • Paying the deceased’s debts, liabilities, funeral expenses and administration costs

    • Managing taxation obligations, including final tax returns

    • Keeping accurate records and preparing estate accounts

    • Distributing the estate to beneficiaries in accordance with the Will or the laws of intestacy

    • Responding to beneficiary enquiries and managing estate communications

  • Executors and administrators must:

    • Act honestly, diligently and in good faith

    • Act in the best interests of the estate and beneficiaries

    • Follow the terms of the Will, or where there is no Will, the statutory rules of distribution

    • Avoid conflicts of interest

    • Treat beneficiaries fairly and impartially

    • Exercise the level of care, skill and judgment expected of a prudent person

  • We regularly assist executors and administrators by:

    • Explaining legal duties and obligations

    • Preparing and lodging probate or administration applications

    • Managing estate administration from start to finish

    • Advising on complex or disputed estates

    • Providing ongoing guidance and support throughout the process

    Whether you wish to act as executor or administrator with legal guidance, or have us manage the administration on your behalf, we can tailor our services to your needs.

A Practical Guide for Executors

The Legal Practitioners' Liability Committee has published a practical guide explaining the role and responsibilities of an executor and common issues that can arise when administering a deceased estate.

Download A Guide for Executors →

Your Questions, Answered

DO I NEED PROBATE OR LETTERS OF ADMINISTRATION?

Not every estate requires a court grant. Whether Probate or Letters of Administration is required depends on the type of assets, how they are held, and the requirements of banks or other institutions. We can review the estate and advise whether a grant from the Supreme Court of Victoria is required.

HOW LONG DOES THE PROBATE/ADMINISTRATION PROCESS TAKE?

Timeframes vary depending on the complexity of the estate and court processing times. Straightforward estates may take several months, while more complex estates can take longer, particularly where property, superannuation or disputes are involved.

CAN I DECLINE OR STEP DOWN AS EXECUTOR?

Yes. An appointed executor may renounce or step down from the role before acting. Once an executor has begun administering the estate, stepping down can be more complex and may require court involvement.

DOES SUPERANNUATION FORM PART OF THE ESTATE?

Not automatically. Death benefits are generally dealt with by the superannuation fund and may be paid directly to dependants or the estate. 

HOW LONG DOES SOMEONE HAVE TO MAKE A CLAIM AGAINST AN ESTATE?

In Victoria, most claims against a deceased estate—commonly known as family provision claims—must be made within 6 months from the date a Grant of Probate or Letters of Administration is issued by the Supreme Court of Victoria.

WHAT IF THE DECEASED HAD DEBTS?

Estate debts and expenses generally need to be identified and dealt with before the estate is distributed. Executors and administrators should obtain advice if there is uncertainty about a debt or whether the estate has sufficient assets to meet its liabilities.

WHAT ARE THE RISKS FOR EXECUTORS AND ADMINISTRATORS?

Risks can arise from:

  • Distributing an estate too early

  • Failing to identify debts or claims

  • Incorrect distributions

  • Poor record‑keeping

WHEN CAN BENEFICIARIES EXPECT TO RECEIVE THEIR ENTITLEMENT?

Distributions usually occur after debts, expenses and tax obligations are paid and relevant time limits have passed. Executors are generally advised not to make final distributions until they are satisfied there are no outstanding claims against the estate.

HOW MUCH DOES IT COST TO ADMINISTER AN ESTATE?

Costs depend on the size and complexity of the estate. Some matters may be suitable for a fixed‑fee arrangement, while others are charged on a time basis. We discuss costs with you upfront so there are no surprises.

Estate Disputes & Litigation

We advise clients on estate disputes and represent executors, administrators, beneficiaries and claimants in estate‑related litigation across Victoria.

We can assist with:

  • Family provision claims (including claims by persons excluded from a Will)

  • Disputes about the validity or interpretation of a Will

  • Challenges to executor or administrator conduct

  • Disputes between beneficiaries

  • Resolving estate matters through negotiation, mediation or court proceedings

Learn More About Estate Disputes & Litigation → 
- From The Blog

Probate & Deceased Estate Insights

Blog
Challenging a Deceased Estate: Seeking Fair Provision in Victoria
Challenging a Deceased Estate: Seeking Fair Provision in Victoria

Being left out of a Will does not automatically mean you can claim from an estate. Learn who may be eligible for family provision in Victoria, what the court considers, and why timing matters.

Read more →

Our Wills & Estates Lawyers

Our Other Services

  • Icon of a document with a feather quill pen signifying writing or editing.

    Wills & Powers of Attorney

    Plan ahead with confidence and protect what matters most. We prepare wills, enduring powers of attorney and medical treatment decision makers tailored to your circumstances, providing clarity and peace of mind for you and your family.

    Learn More
  • Icon of a family with two adults and one child

    Family Law

    Practical legal guidance during life’s most challenging transitions. We advise on divorce, parenting arrangements, property settlements and financial matters, focusing on clear advice and workable outcomes for you and your family.

    Learn More
  • Illustration of multiple blue skyscrapers with different heights and window patterns.

    Commercial & Business Law

    Legal advice to support businesses at every stage. We assist with buying and selling businesses, commercial and retail leasing, contracts, business structures, shareholder and partnership agreements, and succession planning.

    Learn More
  • Icon of a document with a gavel, symbolizing legal or judicial document.

    Litigation & Dispute Resolution

    Strategic advice focused on resolution. We act in property, estate and commercial disputes, debt recovery and litigation, helping clients resolve conflicts efficiently through negotiation, mediation or court proceedings where necessary.

    Learn More
  • House icon on a light blue background

    Property Law & Conveyancing

    Clear, reliable legal advice for residential and commercial property matters. We assist with buying and selling property, transfers, subdivisions and leasing, ensuring transactions progress smoothly and with confidence from start to finish.

    Learn More