Deceased estates

FAQ

As clients ask me various questions, I'll add to this list, however if you have something you'd like answered please call or email me with your queries at any time.

Do I have to get probate?

If you've been appointed as the executor of a will, you might need to apply for a grant of probate, but it's not always necessary. If the deceased person owned any real estate in their sole name, probate will definitely be required. Other things that might trigger the need for probate include a bank balance of over $50,000 (although this threshold does change depending on which bank you are dealing with) or an aged care bond over $10,000 (again, this changes depending on which aged care provider you are dealing with). Ultimately, it is up to the organisations holding the estate assets whether or not probate will be required.

Where the estate is relatively small and only one asset holder requires probate, a request to waive probate can be made, however it is up to the individual asset holder whether or not they will grant such a request.

Do I have to notify government departments that my loved one has passed away?

No, you don't usually need to notify government departments such as VicRoads, the Electoral Commission, Medicare or Centrelink, as these organisations are all notified by Births, Deaths and Marriages. However, if the person died outside of Victoria, you might need to notify Victorian organisations, or likewise if the person died in Victoria but was resident in another state you might need to notify organisations in the other state.

This does not necessarily apply to all government departments, so if there is something else (for example, Veterans Affairs) it is worth checking with me and I can follow up if a notification is required.