We have experience handling thousands of Probate applications in New South Wales, and have streamlined the process for all estates, from the simplest to the most complex cases.
If the bank, nursing home, or any organisation which hold the assets of the deceased has told you that they will only give you these assets after seeing a copy of the Grant of Probate, then yes, you need Probate.
If these organisations do not require probate, and are happy to give you these assets, then you most likely do not require probate.
If you are the executor and unhappy relatives are wishing to dispute the Will of the deceased, it is best to get Probate.
Unsure if you need probate? Contact us.
The first step in the process, lodging the online notice of intended application for Grant of Probate, necessitates that 2 weeks pass before the executor submits their application for Letters of Administration to give enough notice to any potential creditors or claimants on the estate.
After the application is submitted it can take anywhere from 2-6 weeks, depending on how busy the Supreme Court of NSW is, before the Grant is issued.
Executors are expected to apply for the Grant of Probate within 6 months of the death of the deceased.
If an application for probate is made outside of this time then the court will require an explanation of the reason for the delay. We can assist you in this. Simply write us a message here.
There is no general depository of Wills in New South Wales. As such, the Will can be anywhere.
Generally, the solicitors who drafted the Will may have a copy. Any accountants the deceased may have used could also be holding a copy of the Will. Safety deposit boxes in banks might also hold the Will.
If you are the estate executor, we recommend that you make a thorough search of the deceased person’s personal documents to try to find the Will.
Some wills provide for an extra entitlement to the executor to account for their pains and troubles in fullfilling their duty as executor.
If the will does not provide any such entitlement, it's still possible for the executor to obtain commission for their work.
Read more about Executor's Commission.