Probate & Deceased Estates

A grant of Probate is given by the Supreme Court of New South Wales. It means that the Court has declared the Will is valid, and the executor can begin administering the estate. Before the estate can distributed, the executor must pay any debts left by the deceased. You need to apply for a grant of Probate if:

The assets are over a certain amount.
The assets were owned solely by the deceased.
Assets cannot be transfer without Probate.
You are an independent executor wanting to be protected from creditors and any claims on the estate.

You may not need to apply for a grant of Probate if:

The total amount of assets does not exceed a certain amount.
The assets are in joint names with someone else (such as a spouse) and that person is still alive. The estate will go to that person.
Assets can be transferred to beneficiaries without Probate depending on who the beneficiary is, the size of the estate and whether there is a Will.

The executor needs to notify the Supreme Court of NSW of their intention to administer the estate of the deceased. This is called a notice of intended application and is published on the NSW Online Registry website. An application for Probate should be made within six months of the date of death of the deceased. If an application is made after six months of the date of death, then under the Supreme Court Rules 1970, Part 78 Rule 16 an explanation of the delay must be given to the court. The executor will be notified when the grant for Probate has been approved. Probate then gives the executor the legal responsibility of the estate. It is their responsibility to administer the estate to the beneficiaries.

PW Lawyers can assist you through the process of applying for a grant of Probate and distributing deceased estates. Our services include:

Interpreting the Will of the deceased in terms of estate laws
Advising executors and trustees about their duties and rights
Informing government bodies of the deceased estate
Applying for Probate of the Will in the Supreme Court
Dealing with intestacy and applying for Letters of Administration
Identifying estate assets and liabilities
Obtaining valuations of estate property
Collecting estate financial assets including superannuation, bank funds, shares, outstanding loans, and insurance payouts
Selling or transferring estate property including estate auctions
Paying estate debts including mortgages, funeral costs, and testamentary expenses
Advice regarding family and testamentary trusts
Administering trust funds
Distributing bequests and inheritances to beneficiaries
Organising information for estate tax returns
Family mediation and negotiation
Acting for the Plaintiff or the Defendant in the Family Provision Claims

Any information on this website is general in nature and should not be taken as personal legal advice. We recommend that you speak to a lawyer about your personal circumstances.