An executor named in a deceased person’s will has the responsibility of administering the deceased person’s estate. This includes ascertaining and calling in the deceased’s assets, paying any liabilities and then distributing the estate in accordance with the terms of the Will. The purpose of obtaining a grant of Probate is to give the executor the authority to administer the estate.

What Is The Process?

The first step that an executor must take is to determine the assets and liabilities of the deceased. Once the estate assets and liabilities have been determined, the executor needs to contact the assets holders to find out what their requirements are to release the assets to the executor. Some asset holders may not require a grant of probate in order to release the estate assets to the executor, whereas other asset holders will not release any assets until the executor has obtained a grant of probate. If the executor is required to deal with assets which require a grant of Probate, they must apply to the Supreme Court of New South Wales to obtain the grant.

Before lodging an application to the Supreme Court of New South Wales for a grant of probate, the executor must first publish a notice of intended application for Probate on the Online Court Registry. This notice sets out the executor’s intention to apply, the identity of the deceased, the date of death and the date of the will. An application for probate cannot be lodged until at least 14 days have passed since the publication of the notice. We can assist you with publishing a notice of intended application if you are the executor and you wish to take steps to apply for a grant of probate.

What Documents Are Required?

There are various court documents which must be completed in order to apply for a grant of probate. These court documents include:

• a Summons for Probate;
• the deceased’s original Will;
• an Affidavit of Executor, which annexes the death certificate, contains details of all of the beneficiaries who are entitled to a share of the deceased’s estate and an Inventory of Property which lists the estate assets. The estate liabilities are also required to be listed in the Affidavit of Executor; and
• a draft grant of probate.

Once the relevant court documents have been completed, they are lodged with the Supreme Court of New South Wales for consideration by a Registrar of the Court. The Supreme Court of New South Wales charges a probate filing fee based upon the gross value of the deceased person’s assets in NSW.

In some circumstances, an application for a grant of probate may be complicated by other factors, which requires further documents and evidence to be lodged with the court. In the event that the documents which are lodged are insufficient, the court will issue the executor with a requisition, which seeks further information or documents to be lodged.

We regularly assist executors with applying for a grant of probate. If you wish to discuss the steps in applying for a grant of probate in greater detail please contact our experienced legal team on 1300 038 223 or send us an email. We are able to assist you with applying for a grant of probate.

Grant Of Probate NSW: Access Expert Advice From Experts

Completing the grant of probate NSW process serves as the green light for executors managing a deceased’s estate, confirming their authority. 

Many mistake a grant of probate NSW certificate for a grant of Letters of Administration, which is for situations when there’s no valid will. When navigating these legal processes, having clear and reliable guidance can make all the difference.

At Armstrong Legal, we provide executor legal advice backed by over 3 decades of experience. Our team specialises in wills and estates, offering empathetic, clear advice across Australia. No matter if you need help in NSW or have grant of probate VIC-related questions, you can turn to us for steadfast support when settling estate affairs, so you make informed, confident decisions.

How lawyers can help you navigate the process

Handling an estate involves various responsibilities and can take different timeframes.

The timeframe for estate administration varies. Some estates are straightforward and don’t require much time, but others are more involved due to complexities, and you may need to seek out estate litigation lawyers for assistance. Executors must secure assets, communicate with beneficiaries and responsibly address debts and taxes. 

When legal hurdles emerge as you apply for probate, like a complicated estate, having a lawyer’s expertise becomes invaluable.

When the executor is a minor or unable to perform their duties due to incapacity, a lawyer steps in to guide the way. If the executor resides outside of NSW, they can appoint a local attorney under a Power of Attorney, or a lawyer can take charge of the probate application process. 

Another situation where a lawyer can help is when there’s no valid will, which is known as “dying intestate”. Here, the distribution of assets follows a state-mandated formula, where legal advice is crucial to resolve potentially intricate family dynamics.

A lawyer is also necessary when an estate is insolvent. If there are insufficient funds to clear debts and taxes, legal advice is essential to prioritise payments according to state laws.

A will that names multiple executors demands joint decision-making, and if there’s disagreement, a lawyer can mediate and help find common ground. Huge or complicated assets, like a business, require carefully managed probate processes, and professionals such as the best estate litigation lawyers Melbourne offers can provide guidance on such matters. 

What happens after the submission of the application

Receiving requisitions means your application has issues.

If your application is incomplete or incorrect, you can expect an email from the Court. This communication will outline exactly what’s wrong or missing for your probate filing. You might need to re-file a form or submit a separate affidavit to resolve these issues. A lawyer can assist you by guiding you on the proper responses and documentation.

Quick responses to requisitions are essential, as missing requisitions can halt the entire process of getting the grant of probate NSW residents can acquire. 

You’ll need to address each point, as a probate application in NSW won’t succeed until all issues are resolved. Requisitions may come in waves if initial responses don’t satisfy the Court. Ignoring them or failing to request more time can result in dismissal, effectively pushing you back to square one.

Satisfying all requisitions leads to approval. In such situations, early advice from experienced will dispute lawyers can make a significant difference.

If your initial application and documents pass muster without issues, or after you’ve addressed any requisitions, you can expect an email confirming probate. There’s no requirement for you to attend court in person, as the Registrar handles it in chambers. 

After grant of probate NSW-based or Letters of Administration are secured, and after the Notice of Intended Distribution is published, the executor moves forward. Estate distribution happens only after paying any outstanding debts of the deceased.

Transferring real estate requires legal expertise, so engaging a probate lawyer for deceased estate at this stage ensures due diligence and compliance.

Get the right legal support from Armstrong Legal.

Armstrong Legal’s Contested Wills lawyers advise clients on will disputes with clarity, sensitivity and practical focus. Our team acts in matters involving contested wills, challenges to the validity of a will, family provision claims, the defence of estate disputes and completing the grant of probate NSW process.

Because our practice is dedicated exclusively to estate litigation, clients receive probate legal services in NSW grounded in experience, precision and a clear understanding of the legal and personal issues involved.

Our team of contested wills and probate lawyers works closely with clients to explain their rights, assess the strength of a claim or defence, and develop a strategy that protects their interests. Advice is direct, realistic and tailored to the circumstances of each matter, helping clients make informed decisions during what is often a difficult period.

In appropriate family provision matters, we may offer “No Win No Fee” agreements, depending on the merits of the claim and the client’s circumstances. Take note that “No Win No Fee” eligibility is assessed on a case-by-case basis.

In some estate litigation matters, we may also offer Pay-at-End arrangements, particularly where a client expects to receive a benefit from the estate.

Frequently Asked Questions (FAQ)

What happens if the original will cannot be found?

If the original will cannot be found, the court may still accept an authenticated copy in some circumstances. You must provide evidence explaining why the original will is unavailable and confirm the deceased’s intentions. 

The court assesses each case based on the available information. Contested wills and estate lawyers can advise you about the process and the evidence or documents required.

Do all assets require probate before they can be distributed?

Not all assets require a grant of probate NSW certificate before distribution. Some organisations release assets below specific thresholds, while jointly owned assets usually pass directly to the surviving owner. 

Each asset holder sets its own probate requirements. A probate lawyer can provide legal guidance on meeting these requirements and distributing estate assets correctly.

What responsibilities does an executor have after probate is granted?

After completing the grant of probate NSW process, an executor must manage the estate according to the will and relevant wills and estates laws. 

Executors must collect assets, pay outstanding debts and distribute the estate to beneficiaries. They must also follow legal requirements when transferring certain types of property, and a lawyer can assist with the will execution process. 

Proper records must be kept of all receipts, expenses and transferred assets by executors and administrators. Executors must also act in the best interests of the estate at all times and should consult a lawyer to understand their legal duties and responsibilities.

Secure your estate with peace of mind.

Dealing with estate administration in NSW after a loved one passes can be daunting.

You can connect with an expert estate lawyer from Armstrong Legal to provide clarity and support while you handle these matters. Our seasoned team focuses on delivering accurate, timely advice about your unique situation. 

If you’ve been wondering, “Can you contest a will after probate?”  We also provide clear guidance on such questions and the legal options available in those circumstances.

Contact our friendly team of contested wills lawyers for an assessment of your case today.