Probate and Estate Administration Lawyers in Melbourne
Compassionate legal support for managing deceased estates
Deceased estate administration guidance you can rely on.
MST Lawyers assists executors and families with probate applications and deceased estate administration in Melbourne and across Victoria. Probate is the legal process that authorises an executor to manage and distribute a deceased person’s estate. Our probate lawyers prepare and lodge Grant of Probate applications in the Supreme Court of Victoria, and guide executors through every stage of estate administration.
What is Estate administration?
Estate administration is the legal process of managing and finalising a person’s estate after they pass away. This involves identifying and collecting assets, paying any debts and liabilities, and distributing the remaining assets to the beneficiaries in accordance with the will or, if there is no will, the laws of intestacy.
The person responsible for administering the estate is known as the executor (where there is a will) or an administrator (where there is no will). Their role carries legal responsibilities and can involve dealing with financial institutions, government bodies and the Supreme Court of Victoria.In many cases, estate administration also involves applying for a grant of probate or letters of administration, which formally authorises the executor or administrator to act on behalf of the estate.
The Estate administration process in Victoria
Administering an estate involves a number of key steps. The estate administration process can be complex, particularly where there are multiple beneficiaries, unclear assets, or potential disputes. While the process can vary, it typically includes the following:
Step 1: Confirm the validity of the Will
The original will must be located and reviewed to confirm its validity and identify the appointed executor. If there is no valid will, an administrator will need to be appointed.
Step 2: Identify Assets and Liabilities
The executor must identify and value all assets and liabilities of the estate, including property, bank accounts, investments, superannuation and any outstanding debts.
Step 3: Apply for probate if required
If the estate includes certain assets, such as real property or significant financial holdings, an application for a grant of probate (or letters of administration) must be made to the Supreme Court of Victoria.
Step 4: Collect and manage estate assets
Once authority is granted, the executor can collect the estate assets, close accounts, and take control of property and investments.
Step 5: Pay debts and liabilities
All outstanding debts, taxes and expenses must be paid before any distribution to beneficiaries. This may include funeral expenses and final tax returns.
Step 6: Distribute the estate to the beneficiaries
After debts are settled, the remaining assets are distributed in accordance with the will or applicable legislation.
How much does probate cost in Victoria?
The Supreme Court of Victoria charges a filing fee to lodge a Grant of Probate application. As of 2026, the fee is calculated on a sliding scale based on the gross value of the estate — ranging from around $188 for smaller estates to over $2,500 for estates exceeding $500,000. Legal fees are charged separately and depend on the complexity of the estate. MST Lawyers provides fixed-fee guidance for probate applications — contact us for a quote.
Our Estate Administration Legal Services
We offer expert assistance across a range of areas:
Tax and Stamp Duty Considerations
Executors can face hidden tax and stamp duty issues when distributing an estate. We identify potential risks early and work to minimise them, including capital gains tax, superannuation death benefits, and potential penalties. Our lawyers collaborate with tax professionals to protect you and the estate from costly errors.
Dispute Management and Prevention
Tensions between beneficiaries or claims against the estate can complicate administration. Our lawyers provide early advice to help avoid estate disputes and can act for you if litigation arises. With our support, you can focus on carrying out your role while we handle the legal complexities.
Tailored Legal Advice for Unique Circumstances
Whether the estate involves blended families, vulnerable beneficiaries, foreign assets or unusual requests in the Will, we tailor our advice to your specific situation. MST Lawyers takes a considered, personal approach so you can administer the estate with confidence.
Grant of Probate and Letters of Administration
Before an executor can manage an estate, they may need to obtain a Grant of Probate (if there is a Will) or Letters of Administration (if there is no Will). MST Lawyers can prepare and lodge these applications on your behalf, ensuring the process is handled efficiently and without unnecessary delay.
Estate Administration and Executor Support
Executors are responsible for many tasks—from identifying and valuing assets to paying debts and distributing inheritances. We provide step-by-step guidance throughout this process, so you understand your obligations and avoid common pitfalls. Our team is here to ease the administrative burden and ensure everything is done correctly.
Managing Complex Asset Portfolios
Some estates involve significant assets such as businesses, trusts, investment properties, or overseas interests. MST Lawyers has the experience and legal expertise to manage these complexities, working closely with accountants and financial advisers to ensure smooth administration and compliance.
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The Wills and Estates Legal Team
When you partner with MST Lawyers, you gain a team dedicated to your success. With deep multi-disciplinary expertise, personal service, local Melbourne knowledge, and a proven track record of delivering results, we’re trusted to provide responsive, professional, and effective legal support.
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Empathetic, client-focused guidance. our team takes the time to understand your unique situation, providing clear advice tailored to your needs.
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If you’re an executor needing legal support, MST Lawyers is here to help. Book a consultation with our experienced Wills and Estates Lawyers and take the first step towards clarity and peace of mind.
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FAQS
Frequently Asked Questions
What is Estate Administration?
Estate administration is the legal process of managing and finalising a person’s estate after they pass away. This involves identifying and collecting assets, paying any debts and liabilities, and distributing the remaining assets to the beneficiaries in accordance with the will or, if there is no will, the laws of intestacy.
The person responsible for administering the estate is known as the executor (where there is a will) or an administrator (where there is no will). Their role carries legal responsibilities and can involve dealing with financial institutions, government bodies and the Supreme Court of Victoria.
In many cases, estate administration also involves applying for a grant of probate or letters of administration, which formally authorises the executor or administrator to act on behalf of the estate.
What is the first step in administering an estate?
The first step is usually to obtain a Grant of Probate or Letters of Administration, depending on whether a valid Will exists. This gives you the legal authority to manage the estate.
What does an executor have to do?
An executor must collect and value assets, pay any debts and taxes, and distribute the estate according to the Will. The role involves legal, financial and practical responsibilities.
How long does estate administration take?
Timelines vary depending on the complexity of the estate, whether there is a valid Will, and if any disputes arise. Simple estates may be completed in 6–12 months, while complex ones may take longer.
What if the estate includes international assets?
We regularly advise on estates with overseas property, investments or beneficiaries. We’ll help you understand any legal implications and work with international advisers as needed.
Can MST Lawyers assist with contested estates?
Yes. If there is a dispute or someone is contesting the Will, our team can provide legal representation and advice on the best course of action.
Can the executor charge fees for their work?
In Victoria, an executor is entitled to charge “just and reasonable” remuneration for their work under the Administration and Probate Act 1958 (Vic), provided the Will permits this or the court approves it. Professional executors typically charge a commission calculated as a percentage of the estate value.
What is the difference between probate and letters of administration?
Probate is granted when the deceased left a valid Will and appoints an executor. Letters of Administration are granted when there is no valid Will, or when the named executor is unable or unwilling to act. Both documents formally authorise the representative to manage the estate.
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