Expert Probate Lawyers Sydney, NSW

PBL Law Group is a leading NSW law firm specialising in obtaining Grants of Probate to unlock the estate & empower Executors.

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Who Our Sydney Probate Lawyers Help

First-Time Executors

We provide clear, step-by-step guidance for first-time Executors navigating their duties & the court process.

Family Members & Spouses

We assist family members appointed as Executor, helping them manage the legal process during a difficult time.

Executors of Complex Estates

We offer specialised advice for Executors of complex estates with businesses, trusts, or property holdings.

Friends & Non-Family Executors

We provide step-by-step assistance for non-family members who have been entrusted with the role of Executor.

Accountants & Financial Advisors

We collaborate with professional advisors to ensure a smooth & efficient Probate process for their clients' estates.

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Our 4-Step Probate Process

1

Consultation & Assessment

We review the Will, assess the estate’s assets, & confirm a Grant of Probate is the required next step.

2

Prepare Court Documents

Our lawyers prepare all required court documents, including the online notice, summons, & executor’s affidavit.

3

Supreme Court Lodgement

We lodge the complete Probate application with the Supreme Court, ensuring full legal compliance to avoid delays.

4

Receiving the Grant

We handle court communication, manage any requisitions, & provide you with the formal Grant to act.

Meet Our NSW Wills & Estate Lawyers

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Why Choose Our NSW Probate Lawyers

1

We Handle Everything

We manage the entire court application from start to finish, lifting the administrative burden from your shoulders.

2

A Timely Outcome

We focus on securing the Grant of Probate efficiently, empowering you to administer the estate without delay.

3

Guaranteed Accuracy

Our meticulous approach guarantees an accurate application, protecting you from stressful & costly court delays.

4

Proven Experience

Decades of experience in NSW Probate law, turning a complex & confusing process into a clear path forward.

Visit Our Sydney Wills & Estate Lawyers

We provide expert wills & estate planning advice to clients across NSW. Meet with our team at our central Sydney CBD office, or at our regional offices in GosfordGorokan & Coffs Harbour.

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The Estate is Locked. Probate is the Key.

A Grant of Probate is an official court order that validates the Will & legally appoints you as Executor. Without it, the entire estate is effectively frozen.

Asset holders like banks will refuse you access until they see this grant. Our lawyers specialise in securing this legal key for you, managing the complex court process to unlock the estate & empower you to act.

Avoid Costly Court Rejections & Delays

Applying for Probate is a formal legal process with strict rules. Any error in the paperwork, from a simple typo to incorrect asset listings, will be rejected by the Supreme Court.

These court rejections, known as ‘requisitions’, cause significant delays, stress, & added costs. Our expert probate lawyers guarantee your application is prepared correctly from the start, ensuring a smooth, efficient process that avoids these common pitfalls.

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FAQs about Probate in NSW

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.

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.

The Executor(s) named in the deceased’s Will are responsible for applying for the Grant of Probate.

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.

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.

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’.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

As the Executor, you are entitled to have the original Will released to you. Your probate lawyer in sydney can manage this process on your behalf.

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.

How Our NSW Wills & Estate Lawyers Can Assist You

Wills Drafting & Review

We draft & update clear, legally sound wills to ensure your final wishes are documented & protected.

Dispute a Will

Whether a Will is invalid or just unfair, we can help. We challenge Wills on grounds of incapacity or fraud & contest Wills for a fairer provision.

Defending a Will

We represent executors & beneficiaries to defend a will’s validity against challenges or family provision claims.

Family Provision Claims

Unfairly left out of a will? We help eligible persons contest a will & claim their fair share under the Succession Act 2006 (NSW).

Domestic Estate Planning

We create tailored estate plans to safeguard your Australian assets, minimise tax & provide for your loved ones.

International Estate Planning

Our experts advise on cross-border estate planning, international wills & trusts for tax-efficient global wealth transfer.

Grant of Probate

We guide executors through the Supreme Court process to obtain a Grant of Probate, validating the will & authorising you to act.

Enduring Power of Attorney

We prepare enduring powers of attorney to manage your future financial & legal decisions.

Enduring Guardianship

We draft enduring guardianships, appointing someone to make crucial personal, lifestyle & medical decisions if you’re unable.

Testamentary Trusts

We establish effective testamentary trusts within your will for superior asset protection, tax benefits & flexible beneficiary provision.

Intestacy Law & Advice

When a loved one dies without a will, we guide families through intestacy law to ensure the lawful distribution of assets.

Letters of Administration

We assist families in applying to the Supreme Court for Letters of Administration when there is no valid will or executor.

Estate Administration

We help executors with the administration of deceased estates, ensuring the lawful & efficient collection & distribution of assets.

Advance Care Directives

We draft clear directives outlining your medical treatment & end-of-life wishes to ensure they’re respected.

Special Disability Trusts

We establish specialised trusts to provide for the long-term care & financial security of a loved one with a severe disability.

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