Expert Probate Lawyers Sydney, NSW

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 to administer the estate according to its terms.

Why is a Grant of Probate necessary?

Banks, superannuation funds, share registries, and land titles offices require a Grant of Probate as legal proof that the Executor has authority to access, transfer, or distribute the deceased’s assets.

Who is responsible for applying for Probate?

The Executor or Executors named in the deceased’s Will are responsible for applying to the Supreme Court for a Grant of Probate.

When is Probate required in NSW?

Probate is usually required when the deceased owned real estate solely in their name or held significant funds or investments that institutions will not release without a court order.

Is there a time limit to apply for Probate in NSW?

Yes. Probate should generally be applied for within six months of the date of death. Applications made later must include an explanation for the delay, known as an Affidavit of Delay.

How long does it take to get a Grant of Probate in NSW?

Once a complete and correct application is filed, a straightforward grant is often issued within approximately four to six weeks. Errors or court requests for further information can cause delays.

Can I apply for Probate myself without a lawyer?

While it is possible to apply without a lawyer, the process involves strict legal forms and procedures. Mistakes can lead to significant delays and potential personal liability for the Executor.

What is an Executor?

An Executor is the person or trustee company appointed in a Will to carry out the deceased’s wishes. Their role includes applying for Probate and administering the estate.

What does the Executor do after Probate is granted?

After Probate is granted, the Executor collects the deceased’s assets, pays any outstanding debts and taxes, and distributes the remaining estate to beneficiaries in accordance with the Will.

What if there is no Will?

If there is no Will, Probate cannot be granted. Instead, an eligible person must apply to the court for Letters of Administration, which provides similar authority to manage the estate.

What documents are needed to apply for Probate?

Key documents include the original Will, the official death certificate, a summons for Probate, an affidavit from the Executor, and an inventory of the estate’s assets and liabilities.

What is the first step in the Probate process?

The first step is publishing a notice of intention to apply for Probate on the Supreme Court of NSW online registry. You must then wait at least 14 days before filing the application.

Can I access the deceased’s bank accounts before Probate?

Bank accounts are generally frozen. However, banks may allow limited access to funds to pay funeral expenses upon presentation of a death certificate and funeral invoice.

What if the deceased owned property with someone else?

If property was owned as joint tenants, it passes automatically to the surviving owner and does not form part of the estate. If owned as tenants in common, the deceased’s share forms part of the estate and usually requires Probate.

What is a court requisition?

A requisition is a formal request from the court for further information or clarification about a Probate application. Incorrect or delayed responses are a common cause of significant delays.

What are the costs involved in a Probate application?

Costs generally include Supreme Court filing fees and legal fees if a lawyer is engaged. The total cost depends on the complexity and value of the estate.