Probate - Grant & Administration (NSW only)
When an individual dies leaving a Will, depending on the type, size and value of the estate, the person named as executor will likely need to apply to the Supreme Court for a grant of probate.
A grant of probate is an acknowledgement by the court of the executor’s appointment and confirmation that the executor is legally empowered to administer the deceased’s estate.
Obtaining a grant of probate is generally necessary if the deceased held assets in their name only or jointly with other parties as tenants in common. Many third parties who hold or control estate assets require a copy of the probate document prior to releasing certain assets or payments (e.g. bank deposits, insurance payouts, aged care accommodation bonds, etc).
In order to approve an application for probate the Court reviews the Will submitted by the executor to determine whether it is valid and the most current document evidencing the testamentary intentions of the deceased. Once probate has been granted, the executor has the legal authority to manage the estate as per the terms of the Will.
In NSW, the application should be made within 6 months of the date of death.
We can take the stress out applying for the grant of probate by putting together the necessary documents for a smooth processing by the Supreme Court and arranging a meeting to talk the executor through the documents and execute them in our presence. This way you can be confident that your application ticks all of the boxes for a straightforward assessment.
You can decide to use our services up until that point only or also request continued assistance with all or part of the next steps in the process, being the administration of the estate: contacting various institutions holding or controlling estate assets and arranging for the transfer of those assets to the estate or to the beneficiaries named in the Will.
We can assist you with processing these transfers, including stamping and registration of transfer documents.