One of the things I’ve come to admire most in the people I work with is their quiet strength.

After losing a partner, they somehow manage to show up. For their families, for their communities, and for the huge list of to-dos that follows a death. It’s an enormous load, and it’s made heavier by the legal and financial jargon they’re suddenly expected to understand.

That’s one reason I wanted to bring in expert help. In this episode of Life, Loss & Legacy, I sat down with Gillian Miranzi, estate lawyer at Scanlan Carroll, to break down one of the trickiest pieces of that legal puzzle: probate.

Here’s what we covered, and how it might help you if you’re walking this road yourself.

What is probate, and why do we have it?

Probate is the legal process of validating a Will through the Supreme Court. Once granted, it authorises the named executor to manage the estate: closing bank accounts, selling property, paying debts, and distributing assets.

But as Gillian explains, it’s not just a rubber stamp. The Court examines the Will, looks into any concerns (like timing of illness, handwriting, or improper witnessing), and ensures that the deceased’s wishes are legally sound and not open to abuse.

It is a safeguard. Especially now, in a world where scams are increasingly common and families may dispute a Will after death. Probate adds an important layer of protection for the estate and the people left behind.

When do you need probate, and when don’t you?

You don’t need probate in every case. The magic number in Victoria is $50,000. If the deceased held less than that in solely owned assets, most institutions (like banks) will release the funds with a certified Will and a death certificate.

But if the estate is larger, or includes things like solely held property, cars, or shares, then probate is usually required.

Assets held jointly, like a home shared with a partner, don’t require probate. They transfer directly to the surviving co-owner through the right of survivorship.

Then there are the trickier pieces: family trusts, companies, SMSFs. These don’t form part of the estate in the traditional sense, but they do need to be dealt with. They are a common source of confusion and, sometimes, conflict.

How does probate actually work?

Step one is to confirm whether probate is needed. If it is, you begin your application.

In Victoria, this starts with advertising your intention to apply for probate. You post a notice on the Supreme Court’s RedCrest site, giving any potential creditors 14 days to come forward.

After that, your lawyer submits a formal application that includes the original Will, the death certificate, and a list of the deceased’s assets and liabilities.

Once probate is granted, the executor receives a legal certificate that gives them the authority to call in assets, close accounts, transfer property, and begin distributing the estate in accordance with the Will.

Every state does it slightly differently. Gillian has had cases where estates needed probate in multiple states (called resealing), because the deceased held property across borders. If your loved one had assets in different states, it’s worth seeking advice early.

What if there’s no Will?

If someone dies without a valid Will, they are said to have died intestate. In that case, there’s no executor, so a next of kin must apply for Letters of Administration. This is a court process that gives them the legal right to administer the estate.

The hierarchy of who can apply usually goes: spouse or de facto, adult children, parents, siblings, and so on.

Gillian notes that while the process is similar to probate, Letters of Administration can actually be faster. In some cases, she has seen them granted the next day.

What are some of the challenges or traps to be aware of?

This is where the conversation becomes especially valuable. Gillian talks through real-world examples that trip people up:

• Poorly drafted Wills, like Post Office kits, often fail court scrutiny, especially if there are concerns about capacity or proper witnessing.
• Family trust issues, particularly when the deceased was the appointor (the person with ultimate control). Without clear succession planning, this can cause serious conflict.
• Acting as an executor of an insolvent estate, something people don’t realise can leave them personally liable if debts exceed assets.
• Assuming probate is national. It isn’t. Each state has its own rules, timeframes, and thresholds.

And one final reminder…

Being appointed as executor can feel like a full-time job, especially when you are also navigating your own grief.

Gillian spoke powerfully about how professionals in this space need to keep their own tanks full to do the work well. That goes for clients too. Take the break. Do the Pilates. Ask for help. There’s no prize for doing it all alone.

🎧 Want to hear the full conversation?
Watch the episode on YouTube:
👉 Probate Demystified – Life, Loss & Legacy podcast