Probate & Estate Administration
Guiding executors, administrators and beneficiaries through the legal and practical responsibilities of deceased estate administration.
Administering a deceased estate is a legal responsibility, not just a family task. The executor — or, where there is no will, the administrator — steps into the shoes of the deceased and is required by law to identify the assets and liabilities, obtain the necessary authority to deal with them, protect estate property, address debts and tax, and distribute the estate to the right people in the right shares.
Most of these steps are governed by the Administration and Probate Act 1958 (Vic), the rules of the Supreme Court of Victoria, and the fiduciary duties an executor owes to the beneficiaries. None of it is intuitive — and most of it is done while the executor is also grieving and managing the practical realities of a death in the family.
Mistakes — distributing too early, missing a creditor, mishandling superannuation or tax, or failing to address a potential family provision claim — can cause delay, unnecessary expense, family disputes and personal liability for the executor. Good advice, taken early, removes most of that risk.
Our role is to make the process clearer and more efficient: to take the technical and procedural load off the executor, to keep beneficiaries properly informed, and to make sure the estate is administered correctly the first time.
Probate and estate administration sit at the intersection of legal precision and personal care. Our private client team brings both.
Experienced probate team
Decades of experience preparing grant applications and administering estates of every size and complexity.
Doyle's Guide — Wills & Estates
Recognised in Doyle's Guide for Wills, Estates & Succession Planning.
Doyle's Guide — Estate Litigation
Recognised in Doyle's Guide for Estate Litigation — a real advantage when administration and dispute overlap.
Practical executor guidance
Clear, plain-English advice that keeps executors informed and in control of every decision.
Straightforward to complex estates
From single-asset estates to multi-entity, blended-family and business-owning estates.
Melbourne CBD & Ringwood
Two long-established offices serving clients across metropolitan Melbourne and regional Victoria.
ISO-certified practice
Quality-assured systems, file management and confidentiality across every matter.
Administration & disputes under one roof
Where probate, administration and contested-estate work overlap, you have one coordinated team.
From a straightforward grant of probate through to complex multi-asset and contested estates, our team advises executors, administrators and beneficiaries at every stage.
Preparing and filing probate applications for executors named in a valid will.
Court-granted authority to administer an estate where there is no valid will or no available executor.
Plain-English guidance on the duties, decisions and risks an executor takes on from the moment of appointment.
Identifying, securing and realising the assets of the estate so that distribution can proceed.
Properly identifying and discharging estate liabilities before distribution to protect the executor and the beneficiaries.
Distributing the estate accurately, with proper records and protective releases.
Specialist advice where the administration is not straightforward — including where dispute is in the air.
A short, focused review for executors who are uncertain — or beneficiaries who are concerned about delay or conduct.
If any of the following apply to your circumstances, an early conversation will usually save time, money and stress.
You have been appointed executor
Practical guidance on what to do first, the order in which to act, and the decisions only you can make.
A family member died without a will
Advice on intestacy, who can apply for letters of administration, and how the estate will be distributed.
Probate is required before assets can be released
Preparing and filing the application, dealing with the Probate Office and obtaining the grant efficiently.
Beneficiaries are asking questions about delay
Independent advice on what beneficiaries are entitled to know, and how to manage communication.
The estate includes real estate or business assets
Coordinated advice across property, business, trust and superannuation issues that arise on death.
There is disagreement between family members
Early intervention to resolve disputes by negotiation or mediation, before litigation becomes unavoidable.
The will is unclear, informal or disputed
Construction applications, evidence of testamentary intention and informal-document applications under section 9 of the Wills Act 1997 (Vic).
You are concerned about executor conduct
Advice for beneficiaries where the executor appears to be delaying, withholding information or acting in a conflict of interest.
Most contested or costly estates we encounter share a small set of preventable causes. A short review with an experienced adviser typically removes each of them.
Banks, share registries, Land Use Victoria and superannuation funds each set their own thresholds. We help executors work out whether probate is needed before incurring the cost of an application.
Read moreAn executor is a fiduciary. Distributing too early, failing to advertise or mishandling tax can expose an executor to personal liability — usually preventable with early advice.
Read moreIntestacy applies a rigid statutory formula that rarely matches what the deceased would have chosen — and that can be especially harsh on blended families and de facto partners.
Read morePart IV claims by eligible family members can disrupt or delay distribution. We advise both executors defending an estate and applicants considering a claim.
Read moreWills that establish testamentary trusts require careful administration so that beneficiaries actually receive the tax and protection benefits the will was designed to deliver.
Read moreWhere the deceased owned a business, was a shareholder, trustee or appointor of a family trust, administration extends well beyond the will itself.
Read morePlain-English answers to the questions we are asked most often by Melbourne clients.
In-depth, plain-English reading from our Information Centre.
What probate is, when it's required, and the practical steps executors must take to obtain a grant of probate in the Supreme Court of Victoria.
An overview of an executor's legal duties, common pitfalls, and how to administer a deceased estate properly under Victorian law.
A clear explanation of why every adult in Victoria should have a valid Will, what happens without one, and how to make sure your wishes are properly recorded.
How testamentary trusts work, when they're useful, and the asset-protection and tax-planning benefits they can offer your beneficiaries.
Why business owners need an estate plan, how different structures pass on, and the agreements and insurances that keep a business running after death.
A practical guide to enduring powers of attorney and medical treatment decision makers under Victorian law — and what happens if you don't have one.
Client Resource
Documents held in safe custody with Parke Lawyers?
If the deceased held original documents in safe custody with us, executors can request their release through our safe custody process.
Probate & Estate Administration
If you have been appointed executor or administrator, obtaining advice early can help you understand your obligations, avoid unnecessary delay and protect the interests of the estate and the beneficiaries.
