Frequently Asked Questions
Compassionate Support. Court-Ready Expertise.
FWhen a loved one passes away, their estate must be legally administered. This process—known as probate—can feel overwhelming, especially during a time of grief. At Make Your Will, we simplify probate by guiding executors through every legal step, from lodging court documents to distributing assets.
Probate is a critical part of estate administration, yet it often feels like a daunting maze of paperwork and legal jargon. In essence, probate is the formal process through which a deceased person’s Will is proven valid in court, and the executor is granted authority to carry out their wishes. If there’s no Will, the court appoints an administrator who must act according to a strict legal framework.
Our approach is to demystify probate, ensuring you never feel lost or alone. We’ll explain every step in plain language, handle communications with the court, and help gather and value assets, settle debts, and ensure beneficiaries receive what they’re entitled to. Whether the estate is simple or complex, our experienced advisors make the process as smooth as possible, so you can focus on what matters most—honouring your loved one’s legacy.
Whether you’re named in a Will or stepping in as next of kin, we ensure the process is handled with care, clarity, and full legal compliance.
What Is Probate?
Probate is the legal process by which the Supreme Court confirms that a deceased person’s Will is valid and authorises the executor to manage and distribute the estate. If there is no valid Will, the court may issue letters of administration to an eligible person.
Each state has its own legislation and procedures:
| State | Governing Law | Court Involved |
| Victoria | Administration and Probate Act 1958 | Supreme Court of Victoria |
| New South Wales | Succession Act 2006 | Supreme Court of NSW |
| South Australia | Succession Act 2023 | Supreme Court of South Australia |
What Make Your Will Does
We offer end-to-end probate support, including:
Document Preparation & Lodgement
- Drafting and filing the Affidavit of Executor
- Preparing the Inventory of Assets and Liabilities
- Lodging the Death Certificate and Original Will with the Supreme Court
- Publishing the required Notice of Intention to Apply for Probate (e.g. via RedCrest in Victoria or ORW in NSW)
Court Correspondence & Follow-Up
- Responding to requisitions or requests for further information
- Liaising with the Probate Office to ensure timely processing
- Advising on supplementary affidavits (e.g. medical or relationship evidence)
Executor Support & Estate Administration
- Helping executors access bank accounts, superannuation, and property titles
- Advising on asset distribution and tax implications
- Coordinating with financial institutions and beneficiaries
📑 When is Probate Needed?
Probate is often required when:
- The estate includes property or significant assets.
- Banks, financial institutions, or the land registry require a probate grant.
- There are disputes about the Will or estate distribution.
⚙️ The Probate Process (Simplified)
- Apply for probate (executor or administrator submits documents to the court).
- Value the estate (assets + debts).
- Pay outstanding debts and taxes.
- Distribute remaining assets to beneficiaries.
🤝 How We Can Help
At Wills and Estates we support families at every stage by:
- Explaining probate in clear, simple language.
- Preparing and filing all legal documents.
- Assisting executors/administrators in their responsibilities.
- Resolving disputes or challenges to a Will.
- Ensuring assets are transferred smoothly and fairly.
🌱 Probate Made Simple
Probate can feel overwhelming, but with the right guidance, it doesn’t have to be. We’re here to help you navigate the process with professionalism and compassion, so you can focus on what truly matters—honoring your loved one’s memory.
📞 Contact us today for probate advice and support.
Why Choose Us?
- Mobile Legal Service – We come to you, making probate support accessible and stress-free.
- State-Specific Expertise – We understand the nuances of probate law in VIC, NSW, and SA.
- Executor-Focused – We empower executors with clear guidance and practical tools.
- Compassionate Counsel – We handle sensitive matters with discretion and empathy.
When Is Probate Required?
Probate is typically required when:
- The deceased held real estate in their name
- Bank accounts exceed $50,000
- Superannuation funds are payable to the estate
- There are multiple beneficiaries or potential disputes
If you’re unsure whether probate is needed, we offer a free initial consultation to assess your situation.
Let Make Your Will help you navigate probate with confidence and care.
Serving Melbourne, Sydney, Adelaide & surrounding regions.
