When a loved one passes away, managing their estate can be an overwhelming and emotional process. One crucial legal step that may be required is probate. Understanding what probate is and whether it applies to your situation can help streamline estate administration.

What is Probate?

Probate is the legal process of proving and registering a Will in the Supreme Court of NSW. It confirms the Will’s validity and grants the executor the legal authority to administer the deceased’s estate. This includes distributing assets to beneficiaries and settling outstanding debts.

When is Probate Required in NSW?

Probate is typically required when:

• The deceased owned significant assets, such as real estate or large bank accounts.
• A financial institution or organisation requires probate before releasing funds.
• The deceased had investments, shares, or superannuation that require formal authority to transfer.
• The Will names an executor who must legally establish their authority to act on behalf of the est

When is Probate Not Necessary?

Probate may not be required if:

• The estate is small, and banks or financial institutions allow asset transfers without probate.
• Assets were jointly owned, as they typically pass automatically to the surviving owner.
• There is no real estate solely in the deceased’s name.

How to Apply for Probate in NSW

Applying for probate involves several key steps:

1. Determine eligibility – Only the named executor in the Will can apply.
2. Publish an online notice – A notice of intention to apply must be lodged on the NSW Online Registry.
3. Prepare and submit the application – This includes the original Will, death certificate, an inventory of assets, and an affidavit verifying the application.
4. Await approval – If the Supreme Court approves the application, it will issue a Grant of Probate.

What Happens After Probate is Granted?

Once probate is granted, the executor can:

• Collect and distribute the deceased’s assets.
• Pay any outstanding debts and taxes.
• Finalise the estate according to the Will’s instructions.

What Happens If There is No Will?

If the deceased did not leave a valid Will, their estate is distributed according to intestacy laws under the Succession Act 2006 (NSW). In this case, an eligible person (such as a close family member) must apply for Letters of Administration instead of probate.

How Digital Age Lawyers Can Help

At Digital Age Lawyers, we provide expert legal guidance on probate and estate administration, including:

• Preparing and lodging probate applications.
• Assisting executors with estate administration duties.
• Advising on disputes or contested estates.

Secure Your Legacy with Confidence

If you need assistance navigating the probate process in NSW, our experienced team is here to help.

Contact Digital Age Lawyers today to get expert Probate assistance.

(02) 8858 3211 | info@digitalagelawyers.com