Welcome to Ebra Partners
Probate Lawyers Melbourne
A grant of probate confirms the validity of a will and authorises the executor to administer the estate. We guide executors through every stage of the application.
What Is Probate?
Probate is an order of the Supreme Court of Victoria confirming that a will is valid and that the executor named in it has authority to administer the estate. Banks, share registries, and land titles offices will generally require a grant of probate before releasing or transferring assets.
Not every estate requires probate. Where assets were held jointly, or where the estate is small, a grant may not be necessary. We can advise you quickly on whether an application is required in your circumstances.
Check If You Need ProbateThe Probate Application Process
- 1
Confirm the Will and Executor
We review the will to confirm it is valid and that you are the executor entitled to apply. Where the original will cannot be located, we advise on the additional evidence the Court will require.
- 2
Notice of Intended Application
A notice of intention to apply for a grant of probate is published on the Supreme Court of Victoria website. At least 14 days must pass after publication before the application can be filed.
- 3
Prepare the Inventory and Affidavit
We prepare an inventory of the deceased's assets and liabilities together with the executor's affidavit, ensuring the estate is accurately described for the Court.
- 4
File and Obtain the Grant
The application is filed with the Supreme Court. Once the grant of probate issues, the executor has authority to deal with the assets of the estate.
How We Help Executors
Acting as an executor carries real legal responsibility, often at a difficult time. We handle the Court process and advise on your duties so nothing is missed.