Dealing with a loved one’s estate after death can be overwhelming. One of the first legal steps is often probate. Our NSW probate lawyers explain the probate process clearly and simply, so you know what to expect and when to seek legal help.
What Is Probate in NSW?
Probate is the legal process of proving that a Will is valid and confirming the authority of the executor to administer the estate. Probate is granted by the Supreme Court of New South Wales.
Once probate is granted, banks, share registries, and the NSW Land Registry Services will recognise the executor’s authority to deal with the deceased’s assets.
When Is Probate Required?
Probate is commonly required where the deceased owned:
- real property (house, unit, land) in NSW or elsewhere
- bank accounts with substantial balances
- shares or investments
- other assets held solely in the deceased’s name
Not every estate requires probate. Whether it is needed depends on the type, value, and ownership of the assets.
Who Can Apply for Probate?
The executor named in the Will applies for probate.
If there is no Will, a related process called Letters of Administration applies instead.
Our probate lawyers can advise whether you are eligible to apply and which process is required.
The Probate Process in NSW – Step by Step
1. Locate the Original Will
The Court usually requires the original signed Will. Copies are only accepted in limited circumstances.
2. Publish a Probate Notice
NSW law requires the intended application to be advertised online before filing with the Court. This allows time for any objections or claims to be raised.
3. Prepare and File the Probate Application
The application includes:
- the probate application form
- the death certificate
- affidavits confirming the Will and executor details
- an inventory of the estate’s assets and liabilities
4. Grant of Probate
If the Court is satisfied, it issues a Grant of Probate, giving the executor legal authority to act.
5. Estate Administration and Distribution
After probate:
- assets are collected
- debts and taxes are paid
- the estate is distributed according to the Will
Executors have strict legal duties and personal liability if mistakes are made.
How Long Does Probate Take in NSW?
Timeframes vary, but for straightforward estates:
- preparation: 2–4 weeks
- Court processing: 2–4 months (roughly)
Disputes, missing documents, or complex estates can extend this timeframe.
Do All Estates Need Probate?
No. Probate may not be required where:
- assets are jointly owned (they usually pass automatically)
- the estate is small
- asset holders agree to release funds without probate
We regularly advise clients whether probate can be avoided, saving time and costs.
Why Use a Probate Lawyer?
Probate and estate administration involve strict legal requirements. A probate lawyer can:
- confirm whether probate is required
- prepare and file the application correctly
- minimise delays and Court issues
- advise executors to protect them from liability
- assist with estate disputes if they arise
Probate Lawyers NSW – How We Can Help
We assist executors and families with:
- probate applications
- letters of administration
- estate administration
- executor advice and risk management
- contested estates and family provision claims
If you are unsure whether probate is required or need help administering an estate, we can provide clear, practical advice.
Please give our accomplished team at Sylvania Legal and Conveyancing a call — we’re happy to help you with your power of attorney.
Telephone: (02) 9544 6443
Email: info@sylvanialegal.com.au
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