When someone passes away and leaves a will, one of the first things that needs to happen is applying for a Grant of Probate. This is a legal process that officially proves the will is valid and gives the executor (the person in charge of managing the estate) the authority to handle the deceased’s assets.
Before you start the application process, it’s important to know if Probate is actually necessary. Typically, you’ll need Probate if the deceased person left a will and if their estate includes things like property or large amounts of money in bank accounts.
What Do You Need to Apply?
To kick off the Probate process, there are a few key documents you’ll need to gather. As the executor, you’ll need to provide:
- The original will
- A death certificate
- A list of the deceased’s assets (like property, money, and any debts)
Once we have these documents, we’ll reach out to the institutions that hold the deceased’s assets (such as banks or share registries) to get all the details we need to prepare the application.
Signing the Paperwork
Next, you’ll need to come into the office and sign your application. You’ll do this in front of a qualified witness who will confirm your identity. After that, we can file your application with the Supreme Court of NSW.
Once the application is submitted, a notice is usually posted online on the NSW Supreme Court website. This is to inform anyone who might be involved, like creditors (people who are owed money) or other beneficiaries (people who will receive something from the estate).
What Happens Next?
The Court will look over your application. If everything checks out, they’ll issue the Grant of Probate. However, if something’s missing or doesn’t seem right, the Court might ask for more documents or information, which could slow things down. That’s why it’s super important to engage a lawyer to ensure everything is in order before the application is submitted.
What Does the Grant of Probate Allow?
Once you have the Grant of Probate, you’re officially allowed to start managing the deceased person’s estate. This means you can access their bank accounts, sell property, pay off debts, and distribute assets according to the will.
Final Thoughts
While getting a Grant of Probate in NSW can seem overwhelming, breaking it down into steps makes the process much easier to understand. If you’re unsure about anything along the way, it’s a good idea to get some legal help. This can save time, help you avoid mistakes, and make sure everything goes smoothly, especially since dealing with a loved one’s estate can be a stressful and emotional experience.
We’re here to guide you through the process and make it as smooth as possible.
If you have questions about Obtaining a Grant of Probate or administering a deceased estate, Contact us today on (02) 4943 3988 to speak to one to speak to one of our experienced lawyers about your loved one’s Estate Administration. We have years of experience helping people through the Newcastle, Hunter and Lake Macquarie region.
