VIC How Long Do Probate Cases Take?

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petermark

Well-Known Member
24 September 2016
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I think in all cases, people can represent himself. Usually, how how long do such probate cases take?
 

Tim W

Lawyer
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28 April 2014
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What exactly do you mean by "probate case"?
 

Jacqui Brauman

Well-Known Member
15 January 2016
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Victoria
www.tbalaw.com.au
If you're asking how long does it take to get a grant of probate, the Supreme Court is only taking about 2 weeks to issue them at the moment. But it depends how long you take to put your application together to submit to the Supreme Court.

Yes, you can prepare your probate application yourself, but this may increase the time it would take if a solicitor did it for you.

Once you have your grant of probate, the time it takes to administer the estate depends on a lot of different factors.
 

petermark

Well-Known Member
24 September 2016
34
0
121
If you're asking how long does it take to get a grant of probate, the Supreme Court is only taking about 2 weeks to issue them at the moment. But it depends how long you take to put your application together to submit to the Supreme Court.

Yes, you can prepare your probate application yourself, but this may increase the time it would take if a solicitor did it for you.

Once you have your grant of probate, the time it takes to administer the estate depends on a lot of different factors.

Thanks for your answer.

Let's say if a man and his wife died, and there is no legal will, their children need to apply for a grant of Letters of administration. How long does it take? And can the children represent themselves?

Who will be the administer? Can one of the children be the administer?
 

Jacqui Brauman

Well-Known Member
15 January 2016
53
20
264
Victoria
www.tbalaw.com.au
It depends on what their assets were as to whether they need Letters of administration or not.

You have to wait for the death certificate, generally, which can take a while. Then an assessment needs to be made of the assets and information gathered for the application. At the earliest, you might be able to get an application into the Court within 2 or 3 months.

The children are likely to be the most eligible for the grant, but that will also be a matter of assessment.
If only one child applies, then the others would generally have to provide consent to the court that the one child act, because they all have the same standing.

The application for letters of administration doesn't have to be done with the assistance of a lawyer, although it makes it far easier. Likewise with the administration of the estate after the grant.