A grant of probate is a legal document from the Supreme Court of NSW authorizing an executor to administer a deceased person’s estate. It allows the executor to collect assets, pay debts, and distribute the estate to beneficiaries. At Foye Legal, we assist executors with the probate process. In these sensitive estate administration matters, the right lawyer is everything for achieving the best outcome.
Probate is the legal process of verifying a deceased person’s will and confirming the executor’s authority to manage the estate. It is often required to access or transfer assets held by third parties, such as banks or financial institutions.
In some cases, probate may not be necessary—for example, when:
Probate simplifies the process of managing a deceased person’s estate by:
However, the process can become complex if:
While there is no legal requirement to obtain probate, it is often essential for the smooth administration of an estate. The executor is usually responsible for applying for probate, but the process involves several steps:
Notice of Intended Application
Filing the Probate Application
Once the notice period has passed, the executor must prepare and file the following documents with the Supreme Court of NSW:
Additional documents required include:
Payment of Filing Fees
If the gross value of the estate exceeds $100,000, a filing fee will apply.
Issuance of Grant
Once all documents are reviewed and approved, the Supreme Court will issue the grant of probate, enabling the executor to proceed with estate administration.
If the will does not name an executor, or the named executor is unable or unwilling to act, beneficiaries may apply for letters of administration with the will annexed. This provides similar authority to manage the estate.
In some cases, a substituted executor may step in if:
Administering an estate can become complicated due to:
Strict compliance with NSW probate law is essential to avoid costly errors and delays. Foye Legal offers precise legal guidance through every step of the process. Ensure your probate application is legally sound – contact us today.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
It’s a legal document issued by the Supreme Court confirming the validity of a Will and authorising the executor to administer the deceased’s estate.
Generally needed when the deceased owned assets in their sole name, particularly real estate or significant bank accounts.
It involves lodging an application with the Supreme Court, including the original Will, proof of death, and details of the assets and beneficiaries.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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