I recently heard a story from a colleague whose client called them just four days after their father’s funeral, asking why probate had not yet been granted.
My colleague’s response was simple: “I’m good, but I’m not that good.”
When someone passes away, the legal paperwork is often the part of the process that everyone wants finalised as quickly as possible. Understandably so. For many families, having the legal and administrative matters dealt with provides a sense of closure and allows them to focus on grieving and moving forward.
However, there are processes that must be followed, and unfortunately, they take time.
For starters, lawyers generally need to obtain the formal death certificate issued by Births, Deaths and Marriages. We then need to advertise the intention to apply for probate, prepare the application and lodge it with the Supreme Court.
As at October 2026, the Probate Office in Victoria is experiencing processing delays of more than four weeks. While this may seem lengthy, it is still better than the delays experienced in many other states.
And while beneficiaries are understandably eager for the process to be completed, it is often the executor who wants everything finalised most of all. After all, they are the person carrying the responsibility of administering the estate, dealing with financial institutions, managing assets, paying liabilities and responding to beneficiaries.
However, obtaining probate is only one part of the process.
The same applies where a person dies without a valid Will and an Administrator is appointed under a Grant of Letters of Administration. While the appointment process may differ, Executors and Administrators have similar responsibilities when it comes to administering and distributing an estate.
The actual distribution of an estate is not always as straightforward as transferring money or property to the beneficiaries named in a Will.
Executors have important legal obligations that must be fulfilled before an estate can be safely distributed.
Distributing an estate too early can leave an executor personally liable for unexpected expenses and may also lead to disputes between beneficiaries. This is why it is important for executors and beneficiaries to understand that there are good reasons why an estate cannot always be distributed as quickly as everyone would like.
How Long Does an Executor or Administrator Have to Distribute an Estate in Victoria?
One of the most common questions I am asked from beneficiaries is how long an Executor or Administrator has to distribute an estate.
In Victoria, Executors and Administrators are generally afforded 12 months from the date of death to administer an estate. This is commonly referred to as the executor’s year.
There is good reason for this. Executors and Administrators need time to identify and collect assets, obtain Probate or Letters of Administration (if required), pay outstanding debts, deal with taxation obligations and attend to the other matters involved in administering an estate.
However, this does not mean that every estate must be distributed within 12 months.
Some estates are relatively straightforward and can be finalised sooner. Others can take considerably longer, particularly where properties need to be sold, taxation matters remain outstanding or disputes arise.
Of course, Executors cannot simply delay the process unnecessarily. They still have an obligation to administer the estate diligently and within a reasonable timeframe.
The Six-Month Period for Family Provision Claims
One of the most important reasons I advise executors against distributing an estate too early is the possibility of a family provision claim.
Under the Administration and Probate Act 1958 (Vic), certain eligible persons may make a claim against an estate if they believe they have not been adequately provided for.
Generally, a person has six months from the date Probate or Letters of Administration is granted to commence a family provision claim. The Court can extend this period in certain circumstances.
For this reason, I generally recommend that Executors and Administrators do not distribute the estate in full until the six-month period has expired.
If an Executor distributes the estate and a successful claim is subsequently made, there may not be sufficient funds remaining to satisfy the Court’s orders. Depending on the circumstances, the Executor could find themselves personally liable.
Importantly, section 99A of the Administration and Probate Act 1958 (Vic) provides certain protections to Executors and Administrators who distribute an estate.
In particular, an Executor may be protected from personal liability for a distribution properly made after the six-month period has expired, provided the relevant requirements concerning notice of any family provision claim or intended claim have been satisfied.
The legislation also provides protections in certain circumstances where distributions are made earlier, including where an eligible person with full legal capacity has provided written consent or confirmed that they do not intend to make a claim affecting the distribution.
However, these protections are not automatic and do not extend to every liability an Executor might face.
This is why obtaining legal advice before distributing an estate remains important, even where the six-month period has expired.
Contact Ferraro & Singh Lawyers to discuss your matter and obtain assistance with the estate administration process.
