Probate - Erina

What is Probate?

When a person dies leaving assets in NSW, all assets of the deceased (both real estate and personal property) are deemed to be vested in the NSW Trustee as outlined in section 61 of the Probate and Administration Act 1898 (NSW).

If the deceased died leaving a valid Will, it is the duty of the executor named in the Will to call in the assets, pay liabilities and distribute the estate to the beneficiaries named in the Will.

To gain the legal authority to carry out their duties, the executor is required t0 apply to the Supreme Court of NSW for a Grant of Probate of the deceased’s last Will.

A Grant of Probate issued by the Supreme Court of New South Wales confirms the executor’s authority to administer the deceased’s estate. Upon the grant being made, the deceased’s assets vest in the executor for the purposes of administering the estate and do not vest in the NSW Trustee and Guardian.

Once a Grant of Probate has been obtained, organisations holding or controlling the deceased’s assets—such as banks, NSW Land Registry Services, aged care facilities and share registries—can release or transfer those assets to the executor, enabling the executor to administer the estate in accordance with the deceased’s Will.

An application for a Grant of Probate is made online through the NSW Online Registry by completing and submitting the required probate application and supporting documents. The application must satisfy the Supreme Court of New South Wales that the requirements of the Probate and Administration Act 1898 (NSW), the Supreme Court Act 1970 (NSW) and the applicable Supreme Court Rules have been complied with.

Will Creator's Probate service assists executors named in the Will of the deceased to obtain Probate at a fixed cost, quickly and hassle free to ensure that you meet your obligations as executor in a timely manner.

Once engaged we commence the application by arranging for notice of the intended application for Probate to be published via the online Court. We then draft all the required Court papers and meet with you at one of our 7 Sydney locations to sign the application. Following this meeting we lodge the application with the Supreme Court of New South Wales and notify you once the Grant of Probate has returned. Finally, upon receiving the Grant of Probate we organise for a further notice to be published via the online portal in order to protect you from any claims of creditors.

Steps Involved in the Probate Process

Locate documents: Find the deceased's original Will and obtain the official Death Certificate.
Value assets: List and value all assets and liabilities held in New South Wales.
Complete application: Log into the NSW Supreme Court website and create the online application for a Grant of Probate - input estate and personal details.
Sign documents: Download, print, sign, the system-generated affidavits and summons.
Lodge and pay: Upload the signed documents along with the original will and pay the court filing fee

Necessary Forms and Documents

The NSW Supreme Court's online probate portal automatically generates pre-filled core documents based on your responses, which you must print, sign, and re-upload. Other documents required along with the application include:

Summons for Probate (Form 111): The formal request submitted to the Supreme Court.

Grant of Probate (Form 112): The draft order issued by the court upon approval.

Inventory of Property (Form 117): A detailed schedule listing the deceased's assets and liabilities in NSW.

Affidavit of Executor (Form 118): A sworn or affirmed statement by the executor verifying the will and estate details, witnessed by a Justice of the Peace or solicitor.

Supporting proofs: The physical original will (and codicils, if any) and the original Death Certificate

Conclusion

Applying for probate and administering an estate is an important function, and for many executors and beneficiaries, the process can seem both tedious and daunting.

These processes are in place to ensure that executors and beneficiaries are properly protected and, importantly, that the testamentary wishes of a deceased person are properly carried out.

Probate is the legal process that confirms the deceased's Will is valid and gives the Executor the authority to manage the estate on the beneficiaries' behalf.

What does an Executor do?

The Executor named in the Will is responsible for:

Paying off any outstanding debts
Identifying and collecting the deceased's assets
Distributing the estate to beneficiaries, as set out in the Will

The process starts with applying for a Grant of Probate from the Supreme Court.

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Probate vs Letters of Administration

The type of grant you need depends on whether or not the deceased left a valid Will.

Probate	Letters of Administration
A valid legal will exists The Executor named in the Will applies for a Grant of Probate Assets are distributed to beneficiaries as directed by the Will	No valid legal Will The closest next of kin applies for Letters of Administration Assets are distributed according to the laws of intestacy

Assisting with Probate

Applying for Probate is one of the first things you need to do as the executor of a will. We can help you get started in minutes.