Probate in NSW

What Is Probate In NSW

Probate in NSW is the formal process through which the court accepts the will as the deceased’s last will and grants authority to one or more persons (the Executor(s)) to administer the estate. It is common for executors to engage a probate lawyer to help navigate the probate process and the Supreme Court rules, including gathering the documentation, preparing the probate application and administering the estate.

Probate Explained Simply

Probate in NSW is the process through which the court determines a will to be the last will and grants authority to the executor to administer a deceased estate.

With the authority, the executor can then collect assets, pay debts and liabilities and distribute the estate in accordance with the terms of the will or where there is no will, in accordance with NSW succession laws.

When Probate Is Not Required

Probate may not be required where assets are jointly owned, the estate is low in value, or held in structures outside the estate (i.e. family trusts, superannuation). Determining whether you need probate usually depends on asset type, ownership and what financial institutions require before releasing funds.

When Probate is Required

Probate in NSW is usually required where a deceased person dies owning real estate (solely or as tenants in common with someone else) or where an asset holder (such as a bank) requires a grant of administration before releasing the asset (proceeds of a bank account).

However, there are instances where you may wish to apply for a grant of probate regardless of the asset holder's requirements to obtain the added protections which a grant of probate provides to executors and administrators.

NSW Probate

Probate in NSW is governed by the Probate and Administration Act 1898 (NSW) and the Supreme Court Rules 1970 (NSW). Applying for probate involves gathering the required documentation, preparing and lodging the prescribed court forms online with the probate registry NSW, and publishing a probate notice NSW.