Probate - Sydney West

Your Probate Questions Answered

What is probate?

Probate is an order issued by the Supreme Court of NSW that:

• Proves that the Will is valid
• Gives authority to the executor to administer the Will

If there is no Will – the person died intestate – or there is no executor, or the executor does not wish to accept the role, then the Court may issue letters of administration upon application by a next of kin, family member, or close relative.

These give similar authority to probate and enable the estate to be rightfully administered by an approved person.

To obtain a Grant of Probate from the Court, the executor should make an application within 6 months of the deceased’s death. If the application is made more than 6 months after the deceased’s death, the executor must give a reason to the Court.

Who applies for probate?

Usually, a deceased person will have left a valid Will that nominates an executor; someone who has accepted the position of administering the estate in conformity with the intentions of the Will.

The executor may be asked to prove that he is authorised to administer the will before the assets can be released and this can be proved with the Grant of Probate. To obtain a Grant of Probate, the executor named in the will must apply to the Probate Office of the Supreme Court. If the application is approved, it will prove the authentication of the will and  authorises the executor to administer the deceased’s property.

How long does probate take in NSW?

The process of settling a deceased estate. can take anywhere from 6 to 9 months. However, this can sometimes take longer, depending on the complexity of the situation.

What happens if you don’t apply for probate

Unless Probate is obtained, the executor is not legally authorised to deal with those assets. If the executor will not voluntarily renounce probate, a notice can be served on them requiring them to apply for probate.

What role does the executor of the estate play in probate

Executors are usually nominated in the Will of the deceased. Where there is no valid Will or the person nominated to be the executor is unable or unwilling to discharge the duties, the Supreme Court can appoint an administrator to deal with the estate.

An executor of the will is thus a person, who stands in the shoes of the deceased and administers the estate. Executors are required to arrange a funeral, burial, or cremation for the deceased as soon as possible after the death. The funeral arrangements are typically carried out as per any instructions left by the deceased in the Will. Executors also have the authority to deal with assets and liabilities of the estate after the probate has been granted by the Court.

What can a probate lawyer do for you?

Executors have an arduous list of tasks on their plate, often under already stressful circumstances, making proper legal advice from lawyers who handle these matters every day of immeasurable value. Owen Hodge’s probate lawyers have years of experience in managing estates and are available to assist with any questions or queries you may have in the probate process.

Contact PT Legal for legal advice or assistance with how to obtain a Grant of Probate