Wills & Estates
Estate Administration - Probate

The Executor of an Estate is responsible for identifying the assets and liabilities of the deceased. Once this has taken place, the Executor applies for a grant of probate from the Supreme Court of NSW.

The grant of probate confirms that the will is valid and it authorises the Executor to administer the estate to the beneficiaries named in the will.

To apply for a grant of probate the Executor must first publish a notice of his or her intention to apply for probate and then lodge a number of documents (including the death certificate) with the Supreme Court.

Sometimes in smaller estates it is not necessary to obtain a grant of probate. It depends on the rules of the particular financial institutions as to whether they will waive the requirement for probate. Where assets are held as joint tenants those assets pass by law to the survivor without the need for Probate.

We assist executors will make the application for probate and ensuring their they fulfil their obligations under the Will.