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

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.

Second executors details

Deceased details

Witnesses to the Will

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.

Details of property

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

Assets

Real Estate

Real Estate

Real Estate

Real Estate

Liabilities and Income Tax

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.

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