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Probate & Estate Administration in Brighton

When someone close to you dies, the legal work should be the least of your worries. Quinn & Quinn handles probate and estate administration for Brighton and bayside families, carefully and without fuss.

What probate is, in plain English

Probate is the Supreme Court of Victoria's confirmation that a will is valid and that the executor named in it has authority to deal with the estate. Banks, share registries and the land titles office rely on the grant before they release or transfer assets. If there is no will, the equivalent grant is called letters of administration, and Victoria's intestacy rules decide who inherits.

For most bayside estates the significant asset is real estate, and property held in the deceased's sole name almost always needs a grant before it can be sold or transferred. The first thing we do is confirm whether a grant is actually required, so no time or cost is spent on a process the estate does not need.

What we do for executors

  • Obtain the grant. We prepare and file the probate or letters of administration application, including the advertising and affidavit requirements the Court expects done precisely.
  • Collect the assets. Bank accounts, shares, superannuation death benefits, and the sale or transfer of property, including the conveyancing, done in-house.
  • Pay debts and tax. Funeral and administration expenses, debts, and the estate's final tax position, settled before distribution so the executor is protected.
  • Distribute the estate. Payments to beneficiaries under the will or the intestacy rules, with proper accounts so everyone can see the estate was handled correctly.

Executors are personally liable

An executor who distributes an estate incorrectly, misses a claim, or sells assets without authority can be personally responsible for the shortfall. Two protections matter: the six-month period after a grant during which family provision claims can be made, and proper legal advice before anything is paid out. Most executors we act for want to make the decisions but have the legal steps handled by us. That is exactly how we work.

When estates are contested

Bayside estates are often substantial, and claims against them are more common than people expect. If you have been left out of a will, or you are an executor facing a claim, see our dedicated contesting a will in bayside Melbourne page. Acting early matters: family provision claims in Victoria must generally be made within six months of the grant of probate.

Frequently asked questions

Do I need probate to deal with the estate?
It depends on what the estate holds. Banks and share registries have their own thresholds below which they release funds without a grant, but real estate in the deceased's sole name almost always requires probate before it can be sold or transferred. For most Brighton estates, where property is involved, a grant is needed. We confirm quickly whether one is required before any costs are run up.
What if there is no will?
If someone dies without a valid will, the closest next of kin applies for letters of administration instead of probate, and the estate is distributed according to Victoria's intestacy rules rather than anyone's wishes. The process is similar to probate but with extra proof required about family relationships. We handle these applications regularly.
How long does probate take in Victoria?
Once we have the documents, a straightforward application is usually filed within a couple of weeks, and the Supreme Court of Victoria typically issues the grant two to four weeks after filing. Administering the estate then takes as long as the assets require. Executors should also know about the six-month protection period for distributing an estate after a grant, which shields them from most late claims.
What does an executor actually have to do?
An executor identifies and secures the assets, obtains the grant, pays the debts and any tax, then distributes what remains under the will. Executors are personally liable if this is done incorrectly, which is why many appoint a lawyer to do the legal work while they make the decisions. We do as much or as little of it as you want.

Next step

If you have been named executor, or a family member has died without a will, start with a conversation. See our broader wills and estate planning services, our wills and estates in Brighton page, meet our team, or contact us to talk it through.