Probate Lawyer Melbourne

Navigating probate doesn’t have to be overwhelming – let us guide you through the process.

What is Probate?

Losing a loved one is a deeply emotional experience, and managing their legal affairs can add significant stress. At Shamac Lawyers we specialise in helping executors and families across Melbourne navigate the complexities of probate and estate administration. With years of experience and a compassionate approach, we ensure the process is as smooth as possible, giving you clarity and peace of mind during a difficult time.

Apply for Probate or Administration
  • Apply for a Grant of Probate (when there is a valid will) or Letters of Administration (if there is no valid will).

  • Validate the will, even in cases where it is defective, unclear, or disputed.

Establish Authority and Responsibilities
  • Executors or administrators are formally authorised by the court.

  • We assist if executors are unable or unwilling to apply.

  • Resolve disputes between executors or administrators.

Manage the Estate
  • Collect and distribute assets to beneficiaries.

  • Settle debts and liabilities.

  • Liaise with banks, creditors, and government authorities.

  • Provide advice on tax and financial considerations.

Resolve Issues and Finalise the Estate
  • Handle estate disputes and defend executor actions.

  • Ensure assets are distributed according to the will or court directions.

  • Provide ongoing legal support until the estate is fully settled.

Why is Probate Necessary?

A grant of probate is necessary to:

When is Probate Required?

Probate is necessary in several situations, particularly when:

The Probate Process in Melbourne

The probate process in Melbourne involves validating the will, notifying parties, submitting documents, and obtaining court approval to manage and distribute the deceased’s estate.

Probate and Estate Administration in Melbourne

At Shamac Lawyers, we understand that managing a loved one’s estate can be challenging. Our experienced probate lawyers provide clear, compassionate, and reliable support at every stage—from validating wills to distributing assets—ensuring the process is smooth, compliant, and respectful during a difficult time.
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Understanding Probate and Its Role in Estate Administration

Probate is the formal legal process that validates a deceased person’s will and appoints an executor to manage the estate. In Victoria, this is handled by the Supreme Court, which issues a grant of probate. This grant gives the executor authority to collect and distribute assets, settle debts, and carry out other responsibilities related to the estate. If no valid will exists, the court may issue letters of administration instead, allowing a suitable person to act on behalf of the estate.
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Compassionate Legal Support During a Difficult Time

Losing a loved one is never easy, and the legal responsibilities that follow can feel overwhelming. At Shamac Lawyers, we provide compassionate, experienced legal guidance to help families and executors in Melbourne navigate the probate process with confidence. We take the time to explain each step, ensuring everything is handled with care, professionalism, and sensitivity—so you can focus on grieving and supporting your family.
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Comprehensive Probate Services from Trusted Melbourne Lawyers

Whether you’re applying for probate, dealing with a contested will, or managing complex estate matters, our team at Shamac Lawyers is here to help. We offer end-to-end legal support, including validating wills, applying for probate or letters of administration, resolving disputes, communicating with financial institutions, and advising on tax implications. With our experience and dedication, you can be assured the estate will be managed efficiently and lawfully.

Managing probate does not have to be a burden.

Let Shamac Lawyers guide you through every step with professionalism and care.
Letter of Administration - Victoria - Shamac Lawyers

Acting Inappropriately – Costs Orders

It is important to understand that in probate matters before the Supreme Court of Victoria, personal costs orders can be made against parties, including legal practitioners, for delays, inappropriate behaviour, or other misconduct during the proceedings. Such orders can have significant financial and professional ramifications.If a party or their lawyer is found to have caused unnecessary delays, acted inappropriately, or engaged in conduct that is deemed to be an abuse of the court process, the court may order them to personally bear the legal costs incurred by other parties. This means that the responsible party or lawyer will be required to pay these costs out of their own pocket, rather than from the estate or other sources.Personal costs orders serve as a deterrent against misconduct and ensure that parties and their legal representatives conduct themselves appropriately and efficiently in probate matters. Failure to adhere to these standards can result in substantial financial penalties and damage to professional reputation.
Probate Lawyer - Shamac Lawyers

Executor’s Duties in Probate

The executor handles the will, settles debts, and distributes assets. Our legal support ensures everything is done correctly and efficiently.

Frequently Asked Questions about Probate in Melbourne

Not all estates require probate. We assess your situation, guide you through the process, and handle any disputes with expert legal support if needed.Ask ChatGPT
Not all estates require probate. For smaller estates, it may not be necessary if assets can be accessed without a grant. We can assess your situation and advise accordingly.

The timeframe varies but typically takes 6–8 weeks from the time the application is lodged. Complex estates or contested wills can extend this timeline.

Yes. If disputes arise—such as challenges to the validity of the will—we provide expert representation to protect your rights and resolve conflicts effectively.

Start Your Probate Enquiry Today

Let our experienced Melbourne probate lawyers guide you through the process. Complete the form below for confidential advice tailored to your situation.
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