Probate Lawyers Melbourne
Losing someone you love is hard enough without a stack of court paperwork landing on your desk. If you’ve been named executor of an estate in Melbourne, you’re probably wondering where to even start. That’s exactly where we come in.
At BT Legal, we’re solicitor-led, fixed-fee, and based in Melbourne’s northern suburbs while servicing all of Victoria. We handle the legal heavy lifting so you can focus on what matters most.
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What Is a Grant of Probate?
A grant of probate is a legal document issued by the Supreme Court of Victoria confirming that a will is valid and that the named executor has authority to manage the estate. It’s the official green light to access bank accounts, sell property, and distribute assets in accordance with the deceased’s wishes.
Not every estate needs one. If the deceased held everything jointly or the total value of assets is low, banks and other institutions will sometimes release funds without a formal grant. But if there’s real estate solely in the deceased’s name, a share portfolio, or an institution insisting on court authority, probate becomes essential. Our probate lawyers in Melbourne work alongside our wills and estates lawyers to work out exactly what your situation needs, so you’re never paying for a process you don’t have to go through.
Grant of Probate vs Letters of Administration
Whether you need a grant of probate or letters of administration comes down to one simple thing: was there a valid will? In some cases, letters of administration with the will annexed may be required where there is a valid will, but no executor is able or willing to apply.
Our probate lawyers can tell you within minutes which pathway applies to your situation.
Grant of Probate (Where There’s a Valid Will)
If the deceased left a valid will naming an executor, that person applies to the Supreme Court for a grant of probate. This confirms the will is legally sound and gives the executor authority to administer the estate in accordance with the will and Victorian law.
Letters of Administration (Where There’s No Will)
If someone dies without a will, known as dying intestate, there is no executor to apply for probate. Instead, a family member (usually the next of kin) applies for letters of administration, and the estate is distributed under Victoria’s intestacy rules.
Letters of administration with the will annexed may also be needed where a valid will exists, but no executor can or will apply. This can be a more complex path, which is where experienced Melbourne probate lawyers can help.
How Our Probate Lawyers Melbourne Team Can Help
We handle every stage of the probate process, so you’re not left juggling court forms, legal letters, and grieving relatives all at once. Our probate application lawyers in Melbourne cover the full spectrum, including:
- Probate applications: We prepare and lodge your application with the Supreme Court of Victoria correctly the first time, so you avoid costly delays and requisitions.
- Letters of administration: If there’s no will, we guide you through the intestacy process and get you appointed as administrator with minimal fuss.
- Estate administration and asset distribution: From collecting assets to paying debts and distributing what’s left, we manage the full administration on your behalf.
- Executor advice: Being an executor is a big responsibility. We’re on hand to answer your questions and keep you out of legal hot water.
- Will disputes and contests: If a beneficiary challenges the will, our team steps in early to resolve disputes before they escalate into more costly issues.
- Superannuation and tax liaison: We liaise directly with super funds and tax authorities to ensure nothing falls through the cracks.
Every matter is handled by one dedicated solicitor from start to finish, so you’re never left repeating your story to a new face halfway through.
Property Transfer After Probate
Getting the grant of probate is only half the job. Where the deceased owned real estate, the next steps depend on how the title was held. The property may need to be transferred to a beneficiary, transmitted to the executor before sale, or recorded in the surviving joint owner’s name. At BT Legal, we walk you through every step of the process.
If the property was held as joint tenants, the deceased’s interest generally passes to the surviving owner by survivorship. A survivorship application is still required to update the title record. If it was held solely in the deceased’s name or as tenants in common, the executor must formally transfer title before it can be sold or transferred to a beneficiary. That’s property transfer conveyancing territory, and we handle it in-house rather than sending you off to a separate conveyancer.
We also handle trickier scenarios: transfers between family members through our related-party transfers service, and situations where the original certificate of title is missing. This is where our lost title application process comes in. One team, one file, no handballing between firms.
Probate Costs and Timeframes in Victoria
The Supreme Court of Victoria charges a filing fee for probate applications involving estates valued at $250,000 or more. The amount depends on the gross value of the deceased’s Victorian assets. Here’s the current fee schedule, effective 1 July 2026:
|
Gross Estate Value |
Court Filing Fee |
|
Under $250,000 |
No fee |
|
$250,000 – $499,999 |
$544.00 |
|
$500,000 – $999,999 |
$1,088.00 |
|
$1,000,000 – $1,999,999 |
$2,538.70 |
|
$2,000,000 – $2,999,999 |
$5,077.40 |
|
$3,000,000 – $4,999,999 |
$7,598.80 |
|
$5,000,000 – $6,999,999 |
$12,693.40 |
|
$7,000,000 and over |
$17,770.80 |
In addition to the court fee, there’s a $38.00 fee for the mandatory notice of intention to apply, which must be published before lodging. At BT Legal, our fees are fixed from the outset, and any disbursements (court fees, advertising, search costs) are passed on at cost, with no markup.
Many straightforward, uncontested applications are granted within around four to eight weeks of lodgement, although court processing times and requests for further information can extend the timeframe. Court requisitions for incomplete or incorrect filings can lead to delays and are almost always avoidable with the right advice up front.
Why Choose BT Legal As Your Probate Lawyers in Melbourne
When you’re managing a deceased estate, you want one point of contact who knows your matter. As wills and probate lawyers in Melbourne, BT Legal keeps things personal. A single solicitor, regulated by the Victorian Legal Services Board, handles your matter from the first call through to final distribution, with every application prepared to the standard the Supreme Court expects the first time round.
We’re proud of the relationships we build with Victorian families during difficult times. We hold a 5.0-star rating from 200+ Google reviews and have completed 1,000+ settlements for Victorian clients to date.
Most Victorians choose to have a lawyer handle their probate application rather than go it alone, because one missed step can mean months of delay. If you also need to set up a power of attorney for a family member while you’re at it, we can help with that too.
Get In Touch
You don’t need to become a probate expert overnight, and you don’t have to figure it out alone. BT Legal offers fixed-fee, solicitor-led probate support from your very first call through to final distribution, with one lawyer handling your matter the whole way through.
Contact us today for a free, no-obligation chat about your situation, or submit an enquiry below and we’ll come back to you promptly.
Frequently Asked Questions
What is a grant of probate?
A grant of probate is a Supreme Court order confirming that a will is valid and giving the executor legal authority to deal with the estate. Without it, banks, share registries, and Land Use Victoria may not allow the executor to access or deal with relevant assets.
How long does probate take in Victoria?
Most uncontested applications are granted within 4 to 8 weeks of lodging, assuming the paperwork is accurate and complete from the outset. Errors or missing information can trigger a court requisition, which adds weeks to the process.
What is the threshold for probate in Victoria?
There is no single probate threshold in Victoria. Each bank, share registry or other asset holder sets its own requirements, although modest balances may sometimes be released without a grant.
What happens if someone dies without a will?
They’re considered to have died intestate, and Victoria’s intestacy rules decide who inherits, which may not match what the person would have actually wanted. A family member applies for letters of administration rather than probate, and the estate is distributed according to a set legal formula rather than the personal wishes. Having a legally valid will gives you greater control over how your estate is distributed, and our team can also assist with drafting a will that clearly records your wishes.
Do I need a grant of probate?
It depends on the assets involved. You will generally need a grant if the deceased owned Victorian real estate solely or as a tenant in common, or if a bank, share registry or other asset holder requires formal court authority. Jointly owned assets may pass to the surviving owner without probate, depending on the ownership arrangement.
How much does an executor get paid in Victoria?
Executors are not automatically paid for their time, although they can generally be reimbursed for reasonable expenses incurred while administering the estate. An executor may receive remuneration under the will, by agreement with the affected beneficiaries, or through a commission approved by the Supreme Court. The amount depends on the work involved, the complexity of the estate and the executor’s level of responsibility.
