Probate/Letters of Administration instructions

PROBATE is the giving of approval to the executor to deal with the estate of the deceased after the register of probates or Supreme Court has accepted the will. When a will cannot be found, an application for LETTERS OF ADMINISTRATION must be made. The granting of letters of administration means the giving of the authority of the state, through the Supreme Court, to administer an INTESTATE estate. The administrator has the same function as the executor of a will.

Executors/Administrators

Deceased details

Witnesses

Jointly held assets

Individually held assets

Liabilities and Income Tax

Executors/Administrators details

Nature of work - Is there a valid Will?*

When a person dies leaving a will, a grant of probate must be obtained.Where there is no will, or a will is executed but does not appoint an executor, letters of administration must be obtained before the estate of the deceased may be distributed.

Are you the Executor or Trustee in the will?*

Do you have authority to act on behalf of the executor/trustee?*

Name*

Prefix

First

Middle

Last

Occupation *

Email address*

Address name and number

Suburb

City

State

Country

Contact number

Preferred means of contact *

Phone

Post

Is there more then one executortrustee?

Second executors details

Their name

Prefix

First

Middle

Last

Occupation

Address name and number

Suburb

City

State

Country

Deceased details

Name*

Prefix

First

Middle

Last

Street Number*

City*

Street Name*

State*

Suburb*

Date of birth*

Place of birth*

Date of death*

Place of death*

Will dated *

Codicil (if any) dated

Witnesses to the Will

Name*

Prefix

First

Middle

Last

Occupation

Address number

Address name

Suburb

City

State

Country

Name*

Prefix

First

Middle

Last

Occupation

Address number

Address name

Suburb

City

State

Country

Did the deceased have a previous solicitor*

Firm name

Email address*

Address

Contact number

Assets

Please complete this section if the deceased held jointly owned assets. For example, if the deceased was married and the house was under both the deceased and surviving spouses name. If the deceased only held assets under his or her own name, please move onto the next section.

Did the deceased own real estate with someone else?

How many properties did they own jointly with someone else?

Details of property

Address of Real Estate

Certificate of Title Volume

Certificate of Title Folio

Ownership held?*

If two or more people have purchased a property together as JOINT TENANTS , it creates a right of survivorship which means that if one owner passes away, their share is passed onto the other surviving owners without the need for probate. However, if the property has been purchased as TENANTS IN COMMON it is a different story. This type of home ownership does not create a right of survivorship. If an owner passes away, their interest in the property passes according to the terms set out in their will. If the owner passes without a will then it is passed on according to the law in each State

Details of second property

Address of Real Estate

Certificate of Title Volume

Certificate of Title Folio

Ownership held?*

Did the deceased hold money in a joint account?

Banking Details

Please provide the name of the Bank, BSB, A/C and Branch

Did the deceased own shares jointly with someone else?

Please provide the name of the company and address of where the shares are held.

Assets

Real Estate

Did the deceased own property under only their name?*

How many properties did the deceased own in their sole name?

Real Estate

Address of Real Estate

Estimated Value

Who holds the title & in what capacity?

Certificate of Title Volume

Certificate of Title Folio

Real Estate

Address of Real Estate

Estimated Value

Who holds the title & in what capacity?

Certificate of Title Volume

Certificate of Title Folio

Did the deceased have an accommodation bond?*

Name of retirement home

Estimated value

Did the deceased have money in a bank account?*

Bank accounts

Please provide the bank name, BSB, Account Number and Branch

Did the deceased own any bonds or managed funds?*

Details of bonds or managed investments/mortgages?

Did the deceased have any debts owed to them?*

Debts due to the deceased?

Did the deceased own shares in a private or public company?*

Shares in private and public companies?

Did the deceased own any furniture or household effects*

Furniture & household effects?

Did the deceased own any motor car, vehicles etc?*

Motor cars, vehicles etc?

Please provide the type, value and registration details

Did the deceased have any business assets? *

Business assets?

Did the deceased have real estate outside of the State of Victoria?*

Real Estate

Address of Real Estate

Estimated Value

Who holds the title & in what capacity?

Certificate of Title Volume

Certificate of Title Folio

Liabilities and Income Tax

Did the deceased have any funeral or medical expenses?*

Funeral account

Funeral Home Name

Medical expenses (hospital, pharmacy, nurses etc

Did the deceased have any bank or personal loans?*

Bank overdraft/loan

Mortgage/s

Credit card

Motor vehicle finance

Will there be any tax outstanding at the date of death?*

Income source

Tax File Number

Last tax return year

Name of accountant

This field should be left blank

FAQ

What is probate?

Probate is the approval by the registrar of probates of the Supreme Court of Victoria that the deceased’s will is in fact the last valid will in existence.

What are letter of administration?

Letter of administration is required where there is no will, or a will is executed but does not appoint an executor, letters of administration must be obtained before the estate of the deceased may be distributed. The procedure is similar to that required for obtaining a grant of probate.