Probate and Estates:
Handled With Care
Losing someone is hard enough. The paperwork shouldn’t make it harder.
When someone dies, the executor (or, if there is no will, the next of kin) usually needs a grant from the Supreme Court of Victoria before banks, super funds and the titles office will release or transfer anything. We prepare and file the application, deal with the Probate Office, and tell you plainly what happens next.
At Patford-Smith Legal Services, estates are handled by Lauren Patford-Smith, Director, with fixed fees and a written quote before we start. No surprises.
Do you need probate?
Not always. It depends on what the person owned and how they owned it. If they owned real estate in their own name, you will almost certainly need a grant. Smaller estates sometimes don’t.
You do not have to work this out before you call us. That is what the first appointment is for.
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What Is
Probate?
Probate is the Supreme Court’s confirmation that a will is valid and that the executor can deal with the estate.
If there is no will, or the will can’t be used, the Court grants Letters of Administration instead, usually to the closest family member.
Either way, the grant is what banks, super funds and the titles office ask to see before they release or transfer anything.
Once the grant is made, the estate still has to be administered: assets collected, debts paid and the estate distributed to the people entitled to it. We can do as much or as little of that as you need.
How long does it take?
The probate notice has to be online for at least 15 days before we can file. After that, it depends on how long the Probate Office takes to review the application.
We will give you a realistic estimate at the start and keep you updated.
Who pays your fees?
Usually the estate, not the executor personally.
We explain how and when payment works in your costs agreement before we start.
When can the estate be shared out?
Usually not straight away. A claim against the estate can be made within six months of the grant, so we normally recommend waiting until that time has passed before the final distribution.
What should I bring?
Whatever you have. It does not need to be complete:
- The original will, if there is one
- The death certificate
- Bank and super statements
- Property and share details
- Any loans or debts you know about
I live interstate. Can you still help?
Yes. Most of the work can be done by phone, video and email.
Our probate service is for estates where the grant comes from the Supreme Court of Victoria.
How It Works
Step 1: Meet With Lauren
Start with a 60-minute Estate Appointment. Bring what you have. We will tell you:
- Whether you need a grant, and which one
- The steps and a realistic timeframe
- Our fixed fee, in writing
Step 2: We Advertise and Prepare
We publish the notice of intention to apply online, then prepare the affidavit and inventory of assets and liabilities for you to sign.
Step 3: We File and Follow Up
At least 15 days after the notice is published, we file the application with the Supreme Court of Victoria and deal with any questions from the Probate Office.
Step 4: The Grant
Once the grant is made, we send it to you with clear advice on what happens next.
Step 5: Finalising the Estate
You can finalise the estate yourself, or we can do it for you: collecting assets, paying debts, preparing estate accounts and distributing to beneficiaries.
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Probate and Estate Fees
Estate Appointment
$650 plus GST
(60 minutes with Lauren)
Includes:
Review of the will and documents
Whether you need a grant, and which one
The steps and a realistic timeframe
A fixed fee quote in writing
Credited to your fixed fee if you go ahead within 30 days.
Grant of Probate
$3,500 plus GST
Suitable for:
There is a valid will
The executor is ready to act
Assets are in Victoria
Includes:
The online advertisement
Affidavit and inventory of assets and liabilities
Filing with the Supreme Court
Standard Probate Office queries
The grant, and what to do next
Letters of Administration
$4,500 plus GST
Suitable for:
There is no will
Or the will can’t be used
Includes:
Working out who can apply and who inherits
Consents from other family members
The online advertisement
Affidavit and inventory
Filing and standard queries
The grant
Estate Administration
$2,500 plus GST
Suitable for:
Straightforward estates, once the grant is made
Includes:
Collecting bank accounts, shares and super
Paying debts and expenses
Transferring or selling the home
Estate accounts
Distribution to beneficiaries
Packages: Grant of Probate + Estate Administration, $5,500 plus GST (save $500). Letters of Administration + Estate Administration, $6,500 plus GST (save $500).
Out-of-pocket costs are charged at cost and are not included: the Supreme Court filing fee (set by the Court and based on the value of the estate), the advertisement fee, certified copies, titles office fees and valuations.
Larger or more complex estates, such as those with a business, a trust, overseas assets or a dispute, are quoted individually. Work outside the fixed fee is charged at our hourly rates, and we will always tell you before that happens.
Is someone challenging the will?
If a family member says they were left out or not provided for, that is a family provision claim, and it changes how the estate is run. We act in these claims and quote them separately. Call us early: the time limits are short.
Take the next step
You do not have to have it all figured out before you call us. Start with a 60-minute Estate Appointment with Lauren, and leave with a clear plan and a fixed fee in writing.