Probate in NSW Explained: When You Need It and How the Process Works

By Wadia Mansour, Solicitor

Losing a loved one is never easy, and dealing with legal and financial matters during that time can feel overwhelming. One of the most common questions families in Parramatta and across NSW ask is whether probate is required and how the process works.

Understanding probate can help you take the right steps, avoid delays and manage the estate with confidence.

What is probate?

Probate is a legal process where the Supreme Court of New South Wales confirms that a deceased person’s Will is valid. Once probate is granted, the executor named in the Will is authorised to administer the estate.

This authority allows the executor to:

• Access bank accounts and financial assets
• Sell or transfer property
• Pay debts and liabilities
• Distribute the estate to beneficiaries

Without probate, many institutions will not release assets or allow transactions to proceed.

When is probate required in NSW?

Not every estate requires probate. Whether it is needed depends on the type and value of the assets involved.

Probate is commonly required where:

• The deceased owned real estate in their sole name, or as a tenant in common with others
• There are significant bank accounts or investments
• Financial institutions request a Grant of Probate before releasing funds
• The estate is complex or involves multiple assets including businesses and companies

In smaller estates, some assets may be released without probate if they fall below certain thresholds set by financial institutions. However, these thresholds vary, and relying on them can sometimes cause delays.

Who applies for probate?

The executor named in the Will is responsible for applying for probate.

The executor’s role includes:

• Locating the original Will
• Identifying all assets and liabilities
• Applying to the Supreme Court for probate
• Managing the estate through to final distribution

If there is no Will, or no executor is appointed, a different process called Letters of Administration may apply.

Step-by-step probate process in NSW

Understanding the key stages can make the process feel more manageable.

Step 1: Locate the Will and confirm the executor

The first step is to locate the original signed Will and confirm who has been appointed as executor. The original document is required for the probate application.

if there is only a copy of the Will, more stringent requirements and processes become necessary to validate the authenticity of the copy.

Step 2: Identify assets and liabilities

The executor must gather details of all assets and debts, including:

• Property
• Bank accounts
• Shares and investments
• Superannuation
• Outstanding loans or liabilities

Accurate information is essential for preparing the application.

Step 3: Publish a Notice of Intended Application

Before applying for probate, a notice must be published on the NSW Online Registry. This informs the public of the intention to apply and allows time for any claims or objections.

A waiting period applies before the application can proceed.

Step 4: Prepare and file the probate application

The application to the Supreme Court typically includes:

• The original Will
• A summons for probate
• An executor’s affidavit
• An inventory of property

These documents must be prepared carefully to meet court requirements.

Step 5: Probate is granted

If the Court is satisfied, it issues a Grant of Probate. This gives the executor legal authority to deal with the estate.

Step 6: Administer and distribute the estate

Once probate is granted, the executor can:

• Collect and realise assets
• Pay debts and expenses
• Distribute the remaining estate to beneficiaries

This stage can take time depending on the complexity of the estate.

How long does probate take in NSW?

The time-frame for probate varies depending on the estate and how quickly documents are prepared.

As a general guide:

• Preparing the application: 2 to 4 weeks
• Court processing time: 4 to 8 weeks
• Full estate administration: several months or longer

Delays can occur if information is incomplete or if complications arise.

Common reasons for delays

Probate applications can be delayed for several reasons, including:

• Missing or invalid Will documents
• Errors in the application
• Difficulty locating assets
• Disputes between beneficiaries
• Claims against the estate

Careful preparation and legal guidance can help reduce these risks.

What happens after probate is granted?

Once probate is issued, the executor’s responsibilities continue.

They must:

• Close or transfer accounts
• Sell or transfer property if required
• Finalise tax obligations
• Pay outstanding debts
• Distribute the estate in accordance with the Will

Executors have legal duties and can be held accountable if the estate is not managed properly.

How CK Lawyers can help

CK Lawyers assists clients across Parramatta and NSW with all aspects of probate and estate administration.

We can:

• Advise the executor whether probate is required
• Prepare and lodge the probate application
• Ensure all legal requirements are met
• Assist executors with their duties
• Manage the estate administration process from start to finish
• generally advise the executor on anything related to the probate or administration.

Our goal is to reduce stress and ensure the process is handled efficiently and correctly.

Final Thoughts

Probate is an important legal step that allows an estate to be properly administered in NSW. While the process can seem complex, understanding the steps involved makes it more manageable. With the right legal guidance, executors can carry out their responsibilities with confidence and avoid unnecessary delays. If you need assistance with probate or estate administration in Parramatta or anywhere in NSW, professional advice can make a significant difference.

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