Probate

An executor is the person appointed in a Will to administer the deceased person's estate. Their role includes applying for probate (where required), collecting assets, paying debts, and distributing the estate to the beneficiaries in accordance with the Will.

In your Will, you can appoint any adult (18 years or older) who has legal capacity to act as your executor. Common choices include:

• A spouse or partner
• An adult child
• A trusted family member or friend
• More than one person jointly

It is important to choose someone who is trustworthy, organised, and willing to take on the responsibilities of administering your estate.

A beneficiary is a person or organisation entitled to receive a benefit or share of a deceased person's estate under a Will.

You can generally leave your estate to any person or organisation you choose, including:

• Your spouse or partner
• Children, grandchildren, or other relatives
• Friends
• Charities
• Religious organisations
• Other entities such as companies or trusts

You may also leave specific gifts (for example, money, jewellery, or property) or a share of your estate to one or more beneficiaries.

Generally, if there are joint executors, all of those named in the Will who are willing and able to act should apply for Probate together. However, an executor may choose not to act by renouncing their role, allowing the remaining executor(s) to apply.

A Will allows you to decide:

• Who will receive your assets after your death
• Who will act as your executor
• Who will care for any minor children
• How your estate will be administered

Without a valid Will, your estate will be distributed according to Victorian intestacy laws, which may not reflect your wishes.

These documents allow you to appoint trusted people to make decisions on your behalf if you lose the capacity to make decisions yourself.

• Enduring Power of Attorney: authorises someone to make financial and personal decisions for you.
• Appointment of Medical Treatment Decision Maker: authorises someone to make medical treatment decisions for you.

These documents operate during your lifetime and cease upon your death.

An application for Probate is usually made after the death of the Will-maker when assets cannot be transferred or dealt with without a Grant of Probate. The timing depends on the nature and value of the estate’s assets. In Victoria, once all necessary information and documents have been gathered and the application is filed, Probate is commonly granted within approximately 4 to 8 weeks, although processing times can vary depending on the complexity of the estate and the workload of the Court.