What is probate?

About this insight


Get in touch

Our experienced team is ready to guide you through the legal process. Contact us for a free consultation.

Probate refers to the legal process of verifying and administering a deceased person’s will. It involves obtaining a grant of probate from the Supreme Court of Victoria, which confirms the validity of the will and authorises the executor to carry out their duties. 

The legislation that covers probate in Victoria is the Administration and Probate Act 1958. It sets out the rules and procedures for the administration of estates and the grant of probate. 

After receiving a grant of probate, executors must manage the deceased person’s assets, pay off any debts and taxes owed, and distribute the remaining assets to the beneficiaries according to the will’s instructions. 

The probate process can be complex and time consuming and so it is important that you seek legal advice before applying for probate. 

Geelong Legal can assist with applying for probate by providing legal advice and guidance on the probate process, helping to prepare and file the necessary documents with the Supreme Court, and managing any disputes or challenges to the will or probate. 

In addition, our Geelong probate lawyers can help in managing the assets of the deceased, including settling any outstanding debts.

Related insights