What is Probate in NSW?
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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What if there is no Will or there is no executor named in the Will?
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.
When is Probate Needed in NSW?
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.