What's happening?
Probate is a grant made by the Supreme Court of NSW confirming that a deceased person's will is valid and authorising the named executor to administer the estate. Whether probate is required generally depends on the nature and value of the assets in the estate, and the requirements of the institutions holding those assets.
The probate process involves preparing an application, notifying interested parties, and providing supporting documents to the Court before a grant is issued.
What could it mean for me?
- Some institutions will not release estate assets without a grant of probate being provided
- The application process involves specific formal requirements and can take time to prepare correctly
- Delays can occur if the will is unclear, damaged, or if there are issues with the application
- Executors have personal responsibilities once a grant is obtained
What are my options?
- Engage a solicitor to prepare and lodge the probate application
- Confirm with asset holders whether a grant of probate is actually required for the assets involved
- Address any issues with the will or estate before applying, where possible
What happens next?
- We review the will and gather details of the estate's assets and liabilities
- A notice of intended application is published as required
- The probate application is prepared and lodged with the Supreme Court of NSW
- Once granted, we assist the executor with calling in assets and paying debts
- The estate is distributed to beneficiaries in accordance with the will
How can MGE Lawyers help?
MGE Lawyers prepares and lodges probate applications on behalf of executors, managing the Supreme Court process and keeping you informed at each stage.
We can also advise executors on their broader responsibilities throughout the administration of the estate, not just the probate application itself.