Probate FAQs
NSW Probate FAQs
Probate is a document issued by the Supreme Court of New South Wales that confirms the validity of the last Will of the deceased and verifies the executor’s authority to deal with the deceased estate.
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If there is no Will or no executor has been named on the Will, you will instead need to apply for a:
Grant of Letters of Administration of the Will – this is required when there is a valid Will, but either there is no executor named or someone other than the executor named in the Will is making a Probate application. This may occur where the executor of the Will has passed away, has become incapacitated, or has formally renounced their position as an executor.
Grant of Letters of Administration (Without a Will) – this is required when there is no valid Will, also referred to as intestacy.
If you are unsure about which application to make, speak to one of our probate lawyers in NSW today.
Whether or not you need Probate depends on the type of assets the deceased owned.
A majority of organisations in New South Wales such as banks, super funds, share registries, nursing accommodation providers and The Land & Titles Department require a third-party to produce a certified copy of the Grant of Probate.
If you are unsure whether a grant of Probate is needed, please confirm with the organisations that hold assets on behalf of the deceased person, before starting the application process.
You can apply for Probate or Letters of Administration if you:
- Have been appointed as the Executor of a Will;
- If there is no Executor and you are the closest next-of-kin of the deceased who has passed away without a Will.
If there are multiple executors specified in a Will, then all the executors will need to be included in the Probate application.
However, this does not apply if one or more of the executors have passed away, became incapacitated, or have formally renounced their position as an executor.
In the circumstance where the named executor does not wish to act, the executor can formally renounce their position and appoint the NSW Trustee & Guardian or a private trustee company to take their place.
Alternatively, a beneficiary of the residuary estate can apply to the court to become the administrator of the estate.
In the circumstance where there is no appointed executor available, the court will appoint an administrator, who is usually the beneficiary with the largest shareholding of the estate.
If you are unsure about who can apply for Probate in NSW, speak to one of our NSW solicitors today.