Guide to Probate in NSW
When a family member dies, leaving behind a Will, it becomes the responsibility of the next of kin to distribute the estate among beneficiaries as stated in the Will. However, it isn’t as easy as it seems, and if you are somebody who isn’t aware of the law of succession and Probate, the procedure may become more complicated. Therefore it’s always wise to consult probate experts to know more.
To begin with, they will assist you in applying for the grant of Probate that shall authorise you to distribute the estate. If you are wondering how long does Probate take in NSW and how much you may have to wait before executing the Will, this article is for you. Read on to know more-
What Is Probate in NSW?
Probate is a legal document to give the authority to the executor to dispose of the assets of a deceased person as per their Will.
When a person dies, leaving behind a Will that dictates how to distribute their assets (real estate and personal property) in NSW and also names an executor(s) for the process, it becomes the responsibility of the executor to comply with the wishes. However, distributing the property is a legal process that may invite unnecessary legal troubles. Therefore, it’s advisable to apply for the grant of Probate in NSW to validate the Will and execute the wishes of the dead.
However, if there is no Will or executor, the close family members can apply for letters of administration, allowing them to handle and administer the estate.
What Is the Role of an Executor?
The executor has a key role in administering the deceased’s last Will. When a person names you as the executor in their Will, it means that they trust you to follow the Will as per their wishes; therefore, being an executor in someone’s Will is an important duty. Below are the roles and responsibilities of an executor in NSW-
- Carry the funeral arrangements as per the wishes of the dead
- Obtain the Probate
- Take charge of the assets by presenting a copy of the Probate
- Preserve the estate
- Pay off the debts from the estate monies
- Distribute the estate as per the Will
How Soon Should the Executor Apply for Probate in NSW?
The executor must mandatorily apply for the grant of Probate within 6 months from the deceased’s death date. In case the 6 months period elapses, the Supreme Court shall require evidence of delay in the form of an affidavit before filing the grant of Probate.
How Long Does Probate Take In NSW?
Firstly, the executor will have to file for the notice for the intended Probate. After waiting 14 days, one can apply for a grant of Probate by submitting all the necessary documents. If the Supreme Court finds all the documents satisfactory, it will release the grant of Probate within 10 working days. However, if the court finds that the executors need to submit more information, they shall ask for requisitions, and it may create some delay.
How Long Does Probate Take In NSW if There Are Requisitions?
If the Supreme Court finds that the executor must present more documents or if they have questions regarding the application, they shall send requisitions. The executor must answer the requisitions promptly so they can receive the grant of Probate quickly.
What Are the Steps for Applying for Probate in NSW?
If you want to know how long does Probate take in NSW, you must first understand the process involved to get it. Below are all the necessary steps required to apply and receive the grant of Probate in NSW-
Obtain All the Necessary Documents
Firstly, you must gather all of the required documents. These include the original Will, any codicils (amendments) to the Will, a certified copy of the death certificate, and any letters of administration (if applicable). You will also need a proof of your identity, such as your driver’s license or passport.
Apply for Notice of Intended Probate
After that, you will have to apply for the notice of Probate through the Online Registry website. You will be required to fill in all the necessary details and file a nominal fee through the credit card. After this, you will have to wait 14 days to apply for the grant of Probate.
File Application for the Grant of Probate
Once you have accumulated all the requisite documents, you need to apply for a grant of Probate with the Supreme Court of NSW. After applying, you must attend a hearing before a judge. At this hearing, you will have to swear an oath or affirmation that you understand your responsibilities as an executor and that you will faithfully carry out your duties.
Answer All the Requisitions From the Court
If the court requires answers to the queries or asks you to submit more documents, you must do that promptly. It will ensure that you receive the grant of Probate without delay.
Administer the Estate Following the Will
After the judge has granted you Probate, you will need to publish a notice in the Gazette and a local newspaper advising the public that you have the Probate and that any debts or claims against the estate must be lodged with you within six months.
You will then need to start collecting debts owing to the estate and paying any debts before the distributions to beneficiaries. After paying off all the debts, you can begin distributing the estate assets to beneficiaries named in the Will.
What Are Letters of Administration?
If there is no valid last Will or if there is no executor, the close family members of the deceased person can apply for the letters of administration that will serve as an authorisation to administer the estate.
Concluding Words
Applying for Probate in NSW can seem daunting, but if you follow these simple steps, it is relatively straightforward. Make sure to have all the required documents ready before applying, and remember to attend your hearing so that a judge can grant you Probate. After that, it’s just a matter of collecting debts and distributing assets according to the terms of the will or intestacy law.
You can also approach Probate Consultants to obtain Probate or Letters of Administration. They can help accumulate all the necessary documents and quicken the process. Being Australia’s highest-rated Probate Service, they offer their valuable services at reasonable costs and handle the massive responsibility of obtaining legal documents efficiently and quickly.
