Probate Lawyers in Sydney & NSW
- Expert guidance for obtaining a Grant of Probate.
- Simplifying the complex Supreme Court process.
- Timely and efficient management of your application.
- Empowering Executors to fulfil their legal duties.
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NSW Probate Lawyers Serving:
Executors of the Will
Expert guidance for individuals named as an Executor in a Will, helping you navigate your duties and successfully apply for a Grant of Probate.
Executors of the Will
Family Members & Spouses
Assisting spouses, children, & other family members who have been appointed as Executor & need help with the complex Probate process.
Family Members & Spouses
Executors of Complex Estates
Specialised advice for Executors managing complex estates with significant assets, property holdings, or business interests requiring Probate.
Executors of Complex Estates
Friends & Non-Family Executors
Providing clear, step-by-step assistance for friends, colleagues, or other non-family members who have been entrusted with the role of Executor.
Friends & Non-Family Executors
Accountants & Financial Advisors
Collaborating with professional advisors whose clients have passed away, ensuring a smooth and efficient Probate process for the nominated Executor.
Accountants & Financial Advisors
Our Specialised NSW Probate Services
Grant of Probate Applications
We expertly manage the entire process of applying for a Grant of Probate with the Supreme Court, ensuring all legal requirements are met.
Reseal of Probate
We assist in resealing international or interstate Grants of Probate in NSW, authorising you to manage local assets without a new application.
Responding to Probate Requisitions
Our team specialises in efficiently resolving any questions or ‘requisitions’ from the Supreme Court to prevent costly delays to your application.
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Our Probate Application Process
1
Initial Consultation & Assessment
We start with a detailed consultation to review the Will, assess the estate’s assets, and confirm that a Grant of Probate is the required next step.
Initial Consultation & Assessment
We start with a detailed consultation to review the Will, assess the estate’s assets, and confirm that a Grant of Probate is the required next step.
2
Preparation of Court Documents
Our lawyers prepare all required court documents, including the online notice of intention to apply, the summons, and the executor’s affidavit.
Preparation of Court Documents
Our lawyers prepare all required court documents, including the online notice of intention to apply, the summons, and the executor’s affidavit.
3
Lodgement with the Supreme Court
We lodge the complete Probate application with the Supreme Court of NSW on your behalf, ensuring all legal and procedural requirements are met.
Lodgement with the Supreme Court
We lodge the complete Probate application with the Supreme Court of NSW on your behalf, ensuring all legal and procedural requirements are met.
4
Receiving the Grant of Probate
We manage any communication with the court, receive the formal Grant of Probate, and provide it to you, empowering you to administer the estate.
Receiving the Grant of Probate
We manage any communication with the court, receive the formal Grant of Probate, and provide it to you, empowering you to administer the estate.
Rated 5-Star By Our Clients
Why Clients Choose Us
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience, providing expert guidance to Executors for a smooth and efficient Probate application.
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience, providing expert guidance to Executors for a smooth and efficient Probate application.
Compassionate & Clear Guidance
We provide clear and compassionate guidance, managing the entire Probate application process to relieve you of the administrative burden during a difficult time.
Compassionate & Clear Guidance
We provide clear and compassionate guidance, managing the entire Probate application process to relieve you of the administrative burden during a difficult time.
Focus on Efficiency & Accuracy
Our meticulous approach ensures your Probate application is prepared accurately and lodged correctly, minimising the risk of complex and costly court requisitions.
Focus on Efficiency & Accuracy
Our meticulous approach ensures your Probate application is prepared accurately and lodged correctly, minimising the risk of complex and costly court requisitions.
Timely & Effective Process
We are focused on securing the Grant of Probate for you in a timely manner, providing the legal authority you need to proceed with administering the estate.
Timely & Effective Process
We are focused on securing the Grant of Probate for you in a timely manner, providing the legal authority you need to proceed with administering the estate.
Speak to us Now or Request a Consultation.
What is a Grant of Probate?
A Grant of Probate is an official order from the Supreme Court of NSW that validates a deceased person’s Will. It legally confirms that the Will is the last true testament of the deceased and formally authorises the named Executor to begin managing the estate.
This grant is the essential legal key that empowers the Executor to act. Without it, asset holders like banks and the land titles office will not recognise their authority, effectively freezing the estate and preventing any assets from being dealt with or distributed.
The Executor's Role & Responsibilities
The Executor named in the Will is responsible for applying for the Grant of Probate. This is the first of many legal duties they must perform. The application process itself is complex, requiring precise documentation and adherence to the strict procedural rules of the Supreme Court.
Any errors or omissions in the application can lead to significant delays and formal questions from the court, known as ‘requisitions’. Engaging an expert lawyer ensures the application is prepared correctly, which protects the Executor and allows the process to proceed as efficiently as possible.
When is Probate Required in NSW?
Probate is generally required in NSW when the deceased owned real estate in their sole name or held significant assets like large bank accounts, shareholdings, or a large superannuation benefit payable to the estate. Asset holders need the court’s authority to ensure they are releasing assets to the correct person.
However, Probate may not be necessary for very small estates or where assets were owned as ‘joint tenants’ (e.g., a family home). In these cases, ownership automatically passes to the survivor. A careful assessment of all assets is needed to determine if a grant is required.
Probate vs. Letters of Administration
Probate is the process used when there is a valid Will and a named Executor who is willing and able to act. It is about validating that Will and authorising the Executor.
If a person dies without a Will (intestate), or if the named Executor cannot act, a different court order is needed. This is called ‘Letters of Administration’, and it appoints an Administrator to manage the estate according to a set legal formula. Understanding which legal path to take is a critical first step.
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How Can Our Expert NSW Wills & Estate Lawyers Help?
Wills Drafting & Review
Crafting & updating clear, legally sound Australian wills to ensure your specific wishes for your domestic assets are documented & protected & more…
Wills Drafting & Review
Domestic Estate Planning
Developing tailored Australian estate plans to safeguard domestic assets, minimise tax, & provide for your loved ones effectively & more…
Domestic Estate Planning
International Estate Planning
Expert advice on cross-border estate planning, international wills & trusts, managing overseas assets & navigating tax-efficient wealth transfer strategies & more…
International Estate Planning
Challenging a Will
(Validity Issues)
(Validity Issues)
Expertly challenging the validity of a will based on grounds like undue influence, lack of testamentary capacity, suspicious circumstances, or fraud & more…
Challenging a Will
(Validity Issues)
Contesting a Will
(Family Provision Claims)
(Family Provision Claims)
Assisting eligible persons to contest a will for adequate provision under the Succession Act 2006 (NSW), navigating negotiations & court claims for a fair share & more…
Contesting a Will
(Family Provision Claims)
Defending a Will
Representing executors & beneficiaries in defending the validity of a will against challenges or defending against family provision claims & more…
Defending a Will
Grant of Probate
Guiding Executors through the Supreme Court process to obtain a Grant of Probate, which officially validates the Will and authorises them to act.
Grant of Probate
Appointment of Enduring Power of Attorney
Preparing essential enduring powers of attorney to appoint trusted individuals for your critical financial & legal decisions if you lose capacity & more…
Appointment of Enduring Power of Attorney
Appointment of Enduring Guardian
Drafting appointments of enduring guardians to make crucial personal, lifestyle & healthcare decisions on your behalf if you’re unable & more…
Appointment of Enduring Guardian
Testamentary Trusts
Establishing effective testamentary trusts within your will for asset protection, tax benefits, and flexible provision for beneficiaries & more…
Testamentary Trusts
Intestacy Law & Advice
Guiding families through the complexities of intestacy when a loved one dies without a valid will, ensuring legal distribution of assets & more…
Intestacy Law & Advice
Letters of Administration
Resolving disputes between executors, administrators, or beneficiaries regarding the management & administration of a deceased estate & more…
Letters of Administration
Administration of Estate
Assisting Executors with the administration of deceased estates, ensuring the lawful and efficient collection, management, distribution of assets & more…
Administration of Estate
Advance Care Directive
Drafting clear and legally sound directives to outline your future medical treatment and end-of-life care wishes & more…
Advance Care Directive
Special Disability Trusts
Establishing specialised trusts to provide for the long-term care and financial security of a loved one with a severe disability & more…
Special Disability Trusts
NSW Grant of Probate FAQs
What exactly is Probate?
Probate is an order from the Supreme Court of NSW that officially validates a deceased person’s Will and confirms the authority of the Executor(s) to administer the estate according to its terms.
Why is a Grant of Probate necessary?
Financial institutions like banks, superannuation funds, and land registries require a Grant of Probate as legal proof of your authority as an Executor before they will release assets or transfer property.
Who is responsible for applying for Probate?
The Executor(s) named in the deceased’s Will are responsible for applying for the Grant of Probate.
When is Probate required in NSW?
Probate is typically required when the deceased owned real estate solely in their name, or had significant funds in bank accounts or shareholdings that institutions will not release without a court order.
Is there a time limit to apply for Probate in NSW?
Probate may not be needed for very small estates, or where all major assets (like a house or bank account) were owned as ‘joint tenants’ with a surviving person, as these assets automatically pass to the survivor.
How long does it take to get a Grant of Probate in NSW?
Yes. You should apply for Probate within 6 months from the date of death. If you apply later, you must provide a satisfactory explanation for the delay to the court, known as an ‘Affidavit of Delay’.
Can I apply for Probate myself without a lawyer?
Once a complete application is filed with the Supreme Court, a straightforward grant can be issued in approximately 4-6 weeks. However, any errors or questions from the court (‘requisitions’) can cause significant delays.
What is an 'Executor'?
While it is possible, the process involves strict legal forms and procedures. Errors can lead to costly delays and personal liability. Using a lawyer ensures the application is prepared correctly and efficiently.
What does the Executor do after Probate is granted?
An Executor is the person or persons (or trustee company) appointed in a Will to be responsible for carrying out the deceased’s wishes, which includes applying for Probate and administering the estate.
What if there is no Will?
After receiving the grant, the Executor can collect the deceased’s assets, pay any outstanding debts and taxes, and then distribute the remaining estate to the beneficiaries as specified in the Will.
What documents are needed to apply for Probate?
If there is no Will, you cannot apply for Probate. Instead, a close relative must apply to the court for ‘Letters of Administration’, which serves a similar purpose.
What is the first step in the Probate process?
Key documents include the original Will, an official death certificate, a summons for probate, an affidavit from the executor, and an inventory of the estate’s assets and liabilities.
Can I access the deceased's bank accounts before Probate?
The first step is to publish a notice of your intention to apply for Probate on the Supreme Court’s online registry. You must then wait at least 14 days before you can file your main application.
What if the deceased owned property with someone else?
Generally, bank accounts are frozen. However, a bank may allow the Executor to access funds specifically to pay for the funeral expenses upon presentation of a death certificate and funeral invoice.
What if the deceased owned property with someone else?
If owned as ‘joint tenants’, the property passes to the survivor automatically and is not part of the Probate process. If owned as ‘tenants in common’, the deceased’s share forms part of their estate and requires Probate to be dealt with.
What is a court 'requisition'?
A requisition is a formal request from the court for more information or clarification regarding your Probate application. Responding incorrectly or slowly is a common cause of major delays in the process.
What are the costs involved in a Probate application?
Costs include a filing fee paid to the Supreme Court, which is scaled based on the gross value of the estate’s assets in NSW. There are also professional legal fees for preparing and managing the application.
What if the Executor named in the Will doesn't want to act?
The named Executor can formally renounce their role. The substitute Executor named in the Will can then apply. If there is no substitute, a major beneficiary may need to apply for Letters of Administration with the Will Annexed.
What if the Will is stored with a different law firm?
As the Executor, you are entitled to have the original Will released to you. Your lawyer can manage this process on your behalf.
What is a 'Reseal of Probate'?
If a Grant of Probate was already issued in another state or country, but the deceased owned assets in NSW, you may apply for a ‘Reseal of Probate’. This process validates the original grant in NSW without needing a full new application.
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