Deceased Estates & Probate

Applying for a grant of probate is now done online via the NSW Online Registry. It is usually necessary to apply for either  a grant of probate or a letters of administration, depending on the circumstances of the will. IApplying for a grant of probate or a letters of administration should be done within six (6) months of death, unless there is a reasonable explanation for the delay.

A grant of Probate is given by the Supreme Court of New South Wales. What does this mean? In simple terms 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 referred to as 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.