Probate

What is a Grant of Probate?

When someone dies, their affairs must be finalised. This includes managing their assets and liabilities.

A Grant of Probate is a legal document obtained from the Supreme Court of NSW that authorises the executor named in the deceased’s Will to manage the estate in accordance with the Will.

How Do I Apply For a Grant of Probate?

To obtain a Grant of Probate, an executor must apply to the Supreme Court of NSW.   If the application is approved, the Executor is given a Grant of Probate to confirm that the deceased has died, that the Will is valid and the executor is the person appointed to manage the deceased’s assets and liabilities.

Only the person named in the Will as the executor can apply for a Grant of Probate. The executor can be an individual or more than one person and must be over 18 years of age.

The executor should make an application for a Grant of Probate within 6 months of the date of the deceased’s death, otherwise the Court will require an explanation for the delay.

Usually the Court will require the deceased’s original Will to be filed with the Probate application.

But where the original Will has been lost, probate may still be granted on a copy of the Will.  An informal Will may also be accepted by the Court, if the Court is satisfied that the informal Will contains the wishes of the deceased.  An example of an informal Will would be where the Will has not been witnessed property.

Once Probate has been granted by the Court, the executor has legal authority to deal with the estate’s assets and liabilities within NSW and can proceed to the administration and distribution of the estate in accordance with the deceased’s Will.

It is important to remember that Probate granted in NSW only authorises the Executor to deal with the assets held in NSW. If the deceased has assets in another Australian state or territory, or overseas, a Reseal of Probate or new Grant may be required.

We recommend you involve a solicitor when you have the responsibility of administering an estate, so they can help guide you through the process and assist in making the process as trouble free as possible.

SouthCoast Property & Estate Lawyers are experts in Estate Administration and can help obtain the grant of probate and assist the executor in distributing the deceased’s assets in a simple, efficient and cost-effective manner.