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Steps In Applying For A Grant Of Probate NSW

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.

Serenay Kalkan - Associate – Melbourne

This article was written by Serenay Kalkan - Associate – Melbourne

Serenay joined the Armstrong Legal team in March 2014 and has gained extensive experience in wills and estates law across Victoria, South Australia and Western Australia, in addition to being involved in complex will dispute matters. She has graduated with a Bachelor of Laws from Monash University in November 2016 and was admitted to practise in August 2018. Armed with...

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