Have you found the will of your lost one that lists your name as an executor? Then, be ready to settle the estate and claim the grant. While it generally takes three months to a year to obtain probate, hiring a consultant in Victoria will speed up the process.
You must know the role of a probate consultant is not just limited to providing advice in legal matters. Instead, these people will always be at the forefront of completing your application process. In this blog, let’s look at how long the probate process takes to complete in Victoria, if you are hiring a consultant.
Curious to know? Then, read on further.
Before beginning, lets’ first know why a probate consultant is needed in the first place.
Role of a Probate Consultant
A probate consultant in Victoria guides different families interested in obtaining a probate grant. They streamline the process of getting a probate in Victoria. From the initial meeting, drafting and reviewing papers to advertising and filing the probate application with the court.
The process may seem daunting, but a consultant knows how to handle legal concerns. More so, the process that goes on even after obtaining the probate grant is also handled by the consultant. That, too, in a fast and cost-effective way.
Let’s now be familiar with the factors that consume the probate grant process.
Factors Influencing the Probate Timeline
Sometimes, a probate process can be very straightforward. However, this can become complex when the will has many assets and liabilities. Even when the estate value is higher, tax implications can be stressful.
For example, the probate process can take longer in a will with a diverse range of real estate, business interests, or personal property. The same is the case with liabilities and several creditors.
That is why the role of a probate consultant is welcoming. They understand the legal complications because they know how to sort out the challenges and come up with the solution.
Now, quickly understand how much time a probate consultant takes in Victoria.
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Initial Consultation with a Probate Consultant
The first step while dealing with a probate consultant is to book a consultation. Herein, you will be prompted with a web form requesting your consultation preferences. Depending on your inputs, you will get a consultant’s call, and he may ask for further details:
- Your basic information includes your name, contact and relationship with the deceased.
- Deceased person’s name, death location, and how you found the will.
- List of real estate, personal properties, business interests and online accounts.
- List of debts that are pending.
- Details of communication with the creditors and if they are named in the will.
- Family and legal disputes.
- Copy of death certificate
- Any issues related to obtaining the grant.
- Your past consultations with lawyers and any issues that you are facing.
A consultant typically approaches you and finds all the above information within two days. This will ensure you get the probate in Victoria within the right time.
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Evaluation of the Estate
A sign of a good probate consultant is his ability to understand the belongings, debts, and taxes of your lost one. He will verify the will as best as possible and provide you with a legal opinion. Here is how the will evaluation takes place:
- Presence of witnesses and the mental capacity of the person writing the will.
- Checks if the language in the will is clear and verifies beneficiaries of the will
- Ascertain if the distribution of assets among the beneficiaries is according to a deceased person’s wishes.
- Address changes in the will and any conditions outlined in the will.
- Check the witness’s signature and consider potential challenges to develop the solutions beforehand.
Remember, the time to evaluate the will depends entirely on how well-informed you are and how much you are willing to participate in the initial meeting with the consultant. Based on this, the timeline can depend on complexity, complications and availability of consultants.
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Probate Application Process
A consultant prepares all the legal documents in 24 hours for you to obtain the probate in Victoria. That is faster than the conventional documentation process.
Following are some legal documents that are involved in the probate process.
- Originating motion to request approval of will in the court.
- Advertisement, to publish legal notice to creditors and legal heirs.
- The affidavit of the executor serves as a written oath by the executor.
- Certified copy of death registration
- Original will with exhibit note
- Inventory of assets and liabilities
- Other affidavits
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Filing the Probate Application
To obtain a probate, your consultant will allow 14 days for the will’s creditors and interested parties to make their claim. Once done, a consultant will lodge the final application with the court on the 15th day. This is done electronically on the RedCrest Portal.
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Communication with the Probate Registry
A probate registry is a department within the court that processes the original will, reviews the executor, and issues letters of Testamentary. A consultant often has a good relationship with the court registry, who will manage the claims and oversee court hearings.
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Probate Grant and Distribution of Assets
The court may ask specific questions in the hearings, so the consultant can always help with the legal matters in this case. As such, a consultant acts as an advocate on your behalf to answer questions in court. Expect 18-20 days to receive the grant once the Supreme Court approves the above probate.
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Distribution of Assets
Once you receive the grant, a consultant provides ongoing support and assists you in many ways. From asset distribution, settling debts, filing tax returns, and responding to legal matters, a consultant’s job is to close the estate with the court.
Takeaway
Remember that probate grants can be received within 20 days. But it can sometimes take months if the court raises legal questions. The total timeline of the initial conversation with the probate consultant to the closure date varies depending on the nature of the probate process. The process of probate in Victoria is time-efficient and affordable, and the advice of a consultant adds the cherry on the top.
Addressing your concerns with a consultant to obtain probate in Victoria is always best.
Get Your Probate Grant with Probate Consultants
We offer quick assistance to your probate needs, no matter how complex the conditions in a will are. We are dedicated to providing fixed fees and charge nothing extra for court filings or preparing documents. We are driven to help you obtain a probate grant within 18-20 days to remain worry-free in estate matters.
