Probate & Deceased Estate Lawyers Melbourne

Clear legal guidance through life’s most difficult transitions

When a loved one passes away, managing their estate can be overwhelming — especially when you’re grieving. At Shamac Lawyers, we provide clear advice, calm guidance, and efficient legal support for executors, administrators, and families across Victoria. Whether you’re applying for probate, need letters of administration, or are involved in an estate dispute, our experienced probate lawyers make the process simple and stress-free.

Submit your Deceased Estate Enquiry Today

Submit your confidential enquiry to receive prompt legal assistance.

Clear Advice and Efficient Solutions for Every Estate

At Shamac Lawyers, we’ve helped countless Victorians navigate the complexities of probate, estate administration, and will disputes. We understand that every estate is unique — and that behind every legal matter is a family dealing with real emotion and responsibility.

We provide:

Clear advice and communication — no legal jargon, just step-by-step guidance
Comprehensive service — from probate applications to property transfers and asset distribution
Responsive support — you deal directly with an experienced lawyer, not a call centre
Affordable fixed fees — transparent pricing with no hidden costs
Statewide availability — we assist clients across Melbourne and regional Victoria

Our goal is to make estate administration straightforward, respectful, and efficient — so you can focus on what matters most.

Our Probate & Estate Legal Services

At Shamac Lawyers, we handle every aspect of probate and deceased estate law, including:

Probate Applications

If a valid Will exists, we’ll prepare and lodge your Supreme Court probate application promptly and correctly, ensuring the executor can legally administer the estate. We manage all correspondence, affidavits, and supporting documents on your behalf.

Letters of Administration

When there is no Will, or the appointed executor cannot act, you may need Letters of Administration. This document gives you legal authority to manage the deceased’s affairs. We’ll guide you through the application and help you gain control of estate assets as quickly as possible.

Estate Administration

Once probate or letters of administration are granted, our team can assist with every practical step — collecting assets, paying debts, transferring property, managing superannuation or investments, and distributing the estate according to the Will or intestacy laws.

Government & Financial Liaison

We handle communication with banks, Centrelink, the ATO, superannuation funds, and share registries, ensuring that all estate matters are properly finalised.

Estate Disputes and Family Provision Claims

If disputes arise, our experienced lawyers can help resolve matters efficiently and with sensitivity — whether through negotiation, mediation, or litigation.

Our Role in the Probate Process

Shamac Lawyers provide complete end-to-end support, including:

Reviewing and verifying the Will and estate assets
Preparing and lodging the probate application with the Supreme Court
Handling requisitions, delays, and complex documentation
Managing estate administration, property transfers, and distributions
Advising executors on their ongoing duties and obligations

Our aim is to remove uncertainty and provide peace of mind — knowing the estate is being managed lawfully, respectfully, and efficiently.

Understanding the Probate Process in Victoria

The probate process is the legal procedure that confirms the validity of a Will and formally authorises the executor to manage the deceased person’s estate. It ensures that the Will is genuine, all debts are settled, and assets are distributed in accordance with the deceased’s wishes.

At Shamac Lawyers, we make this process straightforward and transparent, guiding you from the first step through to final distribution.

What Happens During Probate
Although every estate is unique, the probate process in Victoria generally involves the following key stages:

Locate the Will and Identify Assets

The first step is to locate the original Will and determine the full extent of the deceased’s assets and liabilities. This includes property, bank accounts, shares, vehicles, superannuation, and personal possessions. We assist executors in compiling this information accurately and efficiently.

Determine Whether Probate Is Required

Not every estate requires a formal grant of probate. Smaller estates or those held in joint names may be released without it. We assess your circumstances to confirm whether an application is necessary and the best approach to take.

Prepare the Probate Application

Once all information is gathered, we prepare the probate application and supporting affidavits for submission to the Supreme Court of Victoria. This includes verifying the Will, listing all known assets and debts, and advertising the executor’s intention to apply for probate on the Supreme Court Probate Online Advertising System.

File the Application and Respond to Any Requisitions

After filing, the Probate Office reviews the documentation. If any issues or “requisitions” arise, we respond promptly to ensure the grant is issued without unnecessary delay.

Grant of Probate Issued

When satisfied, the Supreme Court issues a Grant of Probate — the formal document that gives the executor legal authority to administer the estate.

Administer the Estate

With the grant in hand, the executor can collect and realise assets, close bank accounts, sell or transfer property, and pay any outstanding liabilities, taxes, or funeral expenses. We provide ongoing guidance at each step to ensure compliance with your legal duties.

Distribute the Estate to Beneficiaries

Once all debts and costs are finalised, the remaining assets are distributed according to the Will. We can assist with preparing distribution statements, managing trust accounts, and resolving any last-minute queries from beneficiaries.

How Long Does Probate Take in Victoria?

We work efficiently to minimise delays — ensuring that all documents are complete, timelines are met, and every stage of the process is handled with care and precision.

Why Executors and Families Trust Shamac Lawyers

Over a decade of experience in probate, estate planning, and dispute resolution
Personal, one-on-one service with approachable lawyers who care
Offices in Melbourne and remote consultations available statewide
Fixed-fee transparency and practical solutions for every budget
Proven success in both straightforward and complex estate matters

Our team combines legal expertise with genuine empathy, helping families find closure while ensuring every estate is handled properly and respectfully.

Applying for Letters of Administration

When someone dies without leaving a valid Will, or when the nominated executor is unable or unwilling to act, the estate cannot be administered until someone is legally appointed to do so.
In Victoria, this authority comes from the Supreme Court in the form of Letters of Administration.

This court document formally appoints an administrator to take control of the deceased person’s assets, pay any outstanding debts, and distribute the estate according to Victoria’s laws of intestacy (the default rules that apply when there is no Will).

You may need to apply for Letters of Administration in any of the following situations:

The deceased did not make a Will (died intestate).
The Will is invalid, lost, or cannot be located.
The named executor has passed away, cannot be found, or declines to act.
There is no substitute executor appointed in the Will.
The deceased owned property, investments, or bank accounts that require legal authority to access.

Without Letters of Administration, banks, share registries, and the Titles Office will not release or transfer estate assets — meaning you cannot legally sell property, withdraw funds, or manage financial affairs on behalf of the estate.

At Shamac Lawyers, we guide administrators through every stage of the process, including:

Determining who is legally entitled to apply under the Administration and Probate Act 1958 (Vic)
Preparing and filing all court documents and affidavits required by the Supreme Court
Liaising with the Probate Office and responding to any requisitions (queries or errors)
Managing estate assets, property transfers, and distribution once the grant is issued

Our team ensures your application is accurate, efficient, and compliant, reducing delays and stress at an already difficult time. Whether the estate is straightforward or involves complex family circumstances, we’ll help you obtain the authority you need and finalise the estate with confidence and care.

Executor & Administrator Responsibilities

Being an executor or administrator is both an honour and a serious legal responsibility. You are accountable for managing estate assets, paying debts, and ensuring all beneficiaries receive their entitlements.

Our lawyers provide ongoing guidance on:

Your legal duties as executor or administrato
How to protect yourself from personal liability
Managing property sales and asset transfers
Handling disputes and communication with beneficiaries
Complying with taxation and reporting obligations

Challenging or Defending a Will - Estate Disputes and Family Provision Claims

If you’ve been left out of a Will or believe your share is unfair or inadequate, you may be entitled to make a Part IV claim under the Administration and Probate Act 1958 (Vic).
These are also known as family provision claims and allow eligible individuals — such as a spouse, child, or dependent — to seek a fairer share of the deceased’s estate.

Strict time limits apply, so it’s important to seek advice early. Our estate dispute lawyers can assess your eligibility, explain your options, and represent you through negotiation, mediation, or court proceedings.

Likewise, if you’re an executor or beneficiary defending a Will, we’ll help you protect the estate’s integrity and work toward a practical and respectful resolution.

Common issues we handle include:

Family provision (Part IV) claims for inadequate provision
Disputes between family members or beneficiaries
Allegations of undue influence or lack of testamentary capacity
Executor misconduct or mismanagement of estate assets
Contested probate and challenges to the validity of a Will

We strive to resolve disputes early — saving clients unnecessary cost, conflict, and stress — but we’re also experienced in representing clients in the Supreme Court of Victoria when litigation becomes necessary.

Take the Next Step

Don’t wait — probate and estate matters can be time-sensitive.
Contact Shamac Lawyers today for a confidential discussion with an experienced probate and estate lawyer.

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