We sometimes get calls from clients who are concerned they need to engage our services to start working on the estate within a couple of days of their loved one’s passing. We generally advise these clients that there is no rush and that there is not much we can do until the Death Certificate has been issued. The Death Certificate is usually issued within 3-6 weeks of the date of death but can take longer if a coroner is involved. It is only once the Death Certificate has been received that we can inform asset holders of the death and obtain the required information for the probate application.

It is not uncommon for an application for a Grant of Representation to take 3-4 months to be finalised.

Beneficiaries who are not Executors/Administrators can sometimes be confused or upset at how long it can take to receive their share of an estate. If the family situation is complicated or strained, frustration or a belief that an Executor/Administrator is deliberately being slow can lead to a beneficiary wanting to force the issue with the courts. The Administration and Probate Act 1958 (Vic) does provide that if an application for probate has not been submitted within six weeks from the death of the deceased then a beneficiary or creditor may apply to the Court for an order calling upon the Executor/Administrator to show cause why they haven’t brought an application to the court. Given the time it can take to receive a death certificate, receive information from asset holders, prepare and then lodge the application, that timeframe is generally unrealistic. However, the point remains that the executor has the responsibility to bring an application in a timely manner and can be ordered to provide reasons to the court for any delay in bring an application.

We can assist Executors/Administrators in getting a clear idea of the assets of the deceased, preparing and lodging an application in order to obtain a Grant of Representation and avoid any claim of delay. Get in touch with our team today if you have any questions.