Obtaining Probate in NSW
We understand that the loss of a loved one is an incredibly challenging experience. With empathy and compassion, we are here to support you through this difficult chapter of life.
“Death leaves a heartache no one can heal, love leaves a memory no one can steal.”
Probate is a legal document granted by the Supreme Court of NSW that authorises an executor to manage a deceased persons’ estate, in accordance with their will. In short it is all about the Court granting their stamp of approval on the will.
WALKING BY YOUR SIDE IN DIFFICULT TIMES
How do I get probate in NSW?
The first step in handling a deceased estate is to locate the original will of the Deceased. If prepared correctly the Will should set out who the Deceased wished to handle the management of their estate (executors).
Once Probate is granted, the executor(s) can then begin to administer the estate. This may include redeeming assets, or selling property which was owned by the deceased.
“How long does Probate take in NSW?
Provided a Death Certificate has been received and the assets of the deceased are known, Abbotts and Co are able to efficiently prepare all the legal documents required for a Probate application and assist the executors to lodge their application with the Supreme Court of NSW.
The length of time that it takes for the Court to process the application fluctuates. By way of general information we advise our clients to expect around a 2-3 month wait period.
“Do I need probate in NSW?”
Although a grant of Probate is generally required, there are some circumstances where it may be possible to process an estate without it. This largely depends on the nature and value of the assets that were owned by the deceased person. Once we have assessed the situation, we will be able to give you a clear outline of the available options.
“What if assets are located in another state? ”
A Grant of Probate from the Supreme Court of New South Wales only has power over assets within NSW. In circumstances where a person owned assets in different states it may be necessary to get Court authorisation in the different states. This is generally done via a process known as resealing.
WHEN LIFE THROWS YOU A CURVEBALL
How do I apply for probate if I don't have a will?
In circumstances when the deceased did not leave behind a Will (dying intestate) a different legal process is to be followed. Instead of applying for Probate, an eligible person can apply for a grant of Letters of Administration.
“Who can be
an Estate administrator in NSW ”
Generally speaking administration will be granted to the Deceased’s next of kin, this is usually the spouse or child of the Deceased.
However, if the next of kin is unable or unwilling to apply then the Court may grant administration to any other person that they see fit to handle the estate.
“Is probate and administration the same
thing?”
The impact of obtaining a grant of administration is that the person will be given the same authority as if they had been named as executor in a will. Once a grant is received the matter can continue on the same path.
Here to help you understand and move forward.
At Abbotts and Co, it is our aim to take all the ‘legal stuff’ off your plate so that you can focus on healing, reflecting on your cherished memories, and being with your support circle.
If you’re feeling confused or overwhelmed by the loss of a loved one, we encourage you to reach out. Use our appointment form to book an obligation free chat where we can respectfully and efficiently lead you through the legal process.