We asked Google what the 10 most common questions are that people search for after someone dies. Our Estate Planning and Administration Principal Solicitor, Gabriella Ferraro, breaks down the answers to each of these questions, so you don’t have to spend hours searching — or trying to piece together confusing information online. This is Part 1 of our two-part series.
- What do I do first when someone dies?
In the immediate aftermath of a death, the first steps usually are:
- Notify close family members
- Obtain a medical certificate of cause of death from the doctor
- Engage a funeral director, who will organise the death registration
- Locate the Will (if one exists)
- Arrange for the deceased’s home and belongings to be secured
The funeral director will register the death with Births, Deaths and Marriages Victoria and apply for the death certificate. This certificate is required before any estate administration can begin.
- Do I need probate?
In most cases, yes.
Probate is the Supreme Court’s formal recognition of the Will and appointment of the executor.
Probate is usually required if the deceased owned:
- Real estate solely or as a tenant in common
- Significant bank accounts or investments (usually above ~$50,000 – threshold varies by institution)
- Shares or managed investments
Probate may not be required for small estates or low-value bank accounts, depending on the individual financial institution’s release policies. How long does probate take?
- How long does probate take?
The real question is: what part of the process are we talking about?
People often mean how long until everything is finished, but probate is just one step in the estate administration process — and the overall timeframe depends on the whole journey, not just the grant itself.
Here’s how it usually works in Victoria:
After the death, the funeral must first take place. The funeral director then applies for the death certificate, which typically takes 1–3 weeks to be issued.
Once the solicitor receives the death certificate, they can prepare and lodge the probate application. From filing to approval, it usually takes around 3–4 weeks for the Supreme Court to issue the Grant of Probate (assuming there are no issues with the Will or paperwork).
So, from the date of death to the grant of probate, the process commonly takes around 4–8 weeks.
However, obtaining the grant is only the beginning.
The time it takes to complete the entire estate administration — including asset collection, sale of properties, payment of debts and taxes, resolution of claims or disputes, and final distribution to beneficiaries — varies significantly.
Some straightforward estates can be finalised within 2–3 months after probate.
More complex estates can take several years to complete, particularly where there are:
- property sales
- business or trust structures
- tax issues
- superannuation disputes
- family provision claims or other legal proceedings
In short, while probate itself is usually obtained within weeks, closing an estate can take anywhere from a few months to several years depending on the circumstances.
- What happens if there is no Will?
If there is no valid Will, the deceased is said to have died intestate.
The estate is distributed according to the Administration and Probate Act 1958 (Vic), which sets out strict distribution rules:
- Spouse only – spouse receives entire estate
- Spouse & children from the same relationship – spouse receives entire estate
- Blended families – estate is split between the spouse and children from previous relationships
- No spouse or children – estate passes to parents, siblings, nieces/nephews, or further relatives depending on survivorship
Someone must apply for Letters of Administration rather than probate. This person is usually the closest eligible relative.
- Who can be an executor?
An executor is appointed under the Will, and must:
- Be over 18
- Have legal capacity
- Be willing to undertake the role
Executors can be:
- Family members or friends
- Solicitors or professional trustees
- One person or several people acting jointly
If no executor is named or able to act, the Supreme Court will appoint an administrator.
