Understanding Probate in Victoria: Your Rights as an Executor or Beneficiary

Legal insights from your local experts at Craigieburn Lawyers

When a loved one passes away, dealing with their estate can feel overwhelming—especially when legal jargon and paperwork are involved. Two key roles in the process of finalising an estate are the executor and the beneficiary. Both have important rights and responsibilities under Victorian law and understanding them is crucial for ensuring the estate is managed fairly and lawfully.

At Craigieburn Lawyers, we regularly assist clients from Craigieburn, and surrounding suburbs with the Probate process, as well as disputes or concerns involving executors and beneficiaries.

Whether you have been appointed as an executor or named as a beneficiary in a Will, this guide will help you understand:

• What the Probate process involves

• The duties and obligations of executors

• Your rights as a beneficiary

• When to seek legal advice

Let’s explore the Probate process in Victoria and how Craigieburn Lawyers can support you every step of the way.

What Is Probate?

Probate is the legal process of proving the validity of a Will and giving the executor the authority to carry out the deceased person’s wishes. The Supreme Court of Victoria issues a document called a Grant of Probate, which allows the executor to manage and distribute the estate according to the Will.

If the person died without a Will (intestate), a Grant of Letters of Administration may be needed instead. This process appoints someone (usually a close family member) to administer the estate in accordance with Victorian law.

When Is Probate Required?

Probate is usually required when:

• The deceased owned real estate in their sole name

• There are significant bank or investment accounts

• Superannuation or life insurance funds are payable to the estate

• Institutions (banks, share registries, etc.) require it before releasing funds

In some smaller estates, Probate may not be necessary. Craigieburn Lawyers can assess your situation and advise whether you need to apply for Probate or whether a simplified process is available.

The Probate Process in Victoria: Step-by-Step

1. Locate the Will
   The original Will must be located. This document names the executor(s) and sets out how the estate should be distributed.

2. Identify and value the estate assets
   The executor needs to compile a list of the deceased’s assets and liabilities, including property, bank accounts, shares, and debts.

3. Advertise intention to apply
   A notice must be published on the Supreme Court of Victoria's online registry at least 14 days before applying for Probate.

4. Apply for Probate
   The application includes the original Will, death certificate, inventory of assets, and the executor’s affidavit.

5. Grant of Probate is issued
   Once approved, the Court issues the Grant, giving the executor authority to manage the estate.

6. Administer the estate
   This includes collecting assets, paying debts and taxes, and distributing inheritances as per the Will.

The Role of the Executor

An executor is the person (or persons) appointed in the Will to carry out the deceased’s final wishes. This is a position of great responsibility and comes with several legal obligations. As an executor, you must:

• Act honestly and in good faith

• Administer the estate efficiently and fairly

• Avoid conflicts of interest

• Keep accurate records

• Distribute the estate in accordance with the Will

It’s important to understand that an executor can be held personally liable if they mismanage the estate. At Craigieburn Lawyers, we assist executors throughout the process to ensure they meet their legal duties and avoid unnecessary risks.

Common Challenges Executors Face

• Interpreting the Will if it’s vague or poorly drafted

• Locating and securing all assets

• Handling disputes between beneficiaries

• Managing tax obligations, including final returns

• Dealing with creditors or unexpected debts

• Responding to claims contesting the Will

Being an executor can be time-consuming and stressful—especially during a period of grief. Our probate lawyers in Craigieburn provide clear, step-by-step legal guidance to ease the burden and protect you from legal liability.

Your Rights as a Beneficiary

If you’ve been named in a Will, you are a beneficiary and have specific rights under the law. You are entitled to:

• A copy of the Will upon request

• Timely notification that you are a beneficiary

• Transparent communication about the estate and your entitlement

• Accurate accounting of the estate’s assets and liabilities

• Fair and prompt distribution of your share of the estate

If you believe the executor is delaying the process or mismanaging the estate, you can raise concerns and take legal steps to protect your interests. At Craigieburn Lawyers, we advocate for beneficiaries to ensure they receive what they are rightfully entitled to.

What If There’s a Dispute?

Disputes between executors and beneficiaries—or between beneficiaries themselves—can arise for many reasons. Common estate disputes include:

• Allegations that the executor is not acting impartially

• Concerns that the estate is being mismanaged or delayed

• Claims that the Will is invalid or unfair

• Disagreements over asset distribution or valuations

We understand how emotional and sensitive these matters can be. Our estate lawyers at Craigieburn Lawyers aim to resolve disputes efficiently and, where possible, out of court. If necessary, we can represent you in the Supreme Court of Victoria to enforce your rights or defend a claim.

Time Limits and Important Considerations

• Beneficiaries generally must wait six months after the Grant of Probate before distributions are made, in case someone contests the Will.

• Executors must keep beneficiaries informed but are not required to provide every detail.

• If a Will is contested, distribution of the estate may be put on hold until the matter is resolved.

How Craigieburn Lawyers Can Help

Whether you’re an executor needing help with the Probate process or a beneficiary concerned about your rights, our local legal team provides:

·         Expert Probate advice and applications

·          Executor support and guidance

·          Dispute resolution and litigation

·         Clear, compassionate communication

·          Fixed-fee options for many estate matters

Our firm is proud to serve families in Craigieburn, Greenvale, Mickleham, Roxburgh Park, Donnybrook, Epping, and surrounding areas. We take the time to understand your unique circumstances and provide straightforward, honest legal advice.

Need Help with Probate or Estate Matters?

Don’t navigate the legal system alone. Get trusted support from your local Craigieburn Probate Lawyers. Contact us today.

Craigieburn Lawyers – Compassionate guidance. Clear legal advice. Local expertise in Wills and Probate.