Understanding Probate
Table of Contents
Probate is a court order issued by the Supreme Court of NSW. It confirms that the will is valid and grants the executor permission to distribute the estate.
When You Need a Grant of Probate
Not all estates require a probate process.
Generally, you will need to apply for a grant of probate if:
- The assets are solely owned by the deceased.
- The value of the assets exceeds a certain amount.
You won’t need to apply for a grant of probate if:
- All assets are jointly owned with another person.
- The total value of the assets is below a certain threshold.
Shared assets refer to items (such as a house, bank accounts, or shares) that are co-owned. This is commonly the case for married couples.
The executor holds legal responsibility for probate. To determine if you need to apply for a grant of probate, consult a lawyer.
Submitting an Application
Before submitting your documents, you must first submit a notification.
This notification, which is available on the NSW Supreme Court’s website, serves as a declaration of your intention to administer the estate.
To apply for a grant of probate with the NSW Supreme Court, you need to follow these steps:
- Collect supporting documents
- Publish a probate notice
- Wait 14 days
- Submit a probate application
- Address any requisitions from the court
- The fee for applying for a grant of probate varies based on the value of the assets.
If the probate application is lodged more than six months after the deceased’s death, you must provide an explanation for the delay to the court.
How long will it take?
Check the current processing times for probate at the NSW Supreme Court.
Probate may be delayed if the court documents are incomplete or unclear.
In such cases, the Supreme Court will request additional information and will proceed with the grant of probate once the information is complete.
