Understanding the Probate Process

If you die with more than $50,000 worth of assets in your own name, then your executor needs to obtain a Grant of Probate of your Will with the Supreme Court of Victoria.

This means that your executor must compile an inventory of all of your asset and liabilities that you held at the date of your death.

The inventory together with your original Will and other probate documents are then lodged with the Court for review, where the Court looks at the validity of the Will amongst other things.

If the Court have any questions regarding what has been submitted they will issue a requisition asking for further information.

Once the Court is satisfied with the documents submitted the Court will issue a Grant of Probate. This means that the executor now has total control of the deceased’s assets and must administer these assets until such a time that they are distributed to the beneficiaries in accordance with the deceased’s Will.