As an Executor of a Will, you must first gain legal control of the Estate. Our Probate lawyers have the expertise and personal understanding to guide you through this process.

When a family member passes away with a valid Will in place, the Executor’s role is to take responsibility for the Estate, pay all debts and liabilities and distribute the remainder of the Deceased’s Estate among the beneficiaries.

If the Deceased owned property or had substantial assets, obtaining a Grant of Probate from the Supreme Court of NSW is the first step in this process. While this can be a daunting task for those with little experience in navigating its complexities, a Probate lawyer will support you in securing approval successfully.

We provide an efficient and timely service in assisting Executors to obtain a Grant of Probate, attending to the filing of all documentation required for Court approval. Once Probate has been granted, we can assist you in administration and distribution matters, helping you to finalise the Estate and perform your duties under the Deceased’s Will.

Applying for a Grant of Probate is often the most tedious stage of the Estate administration process. Your Probate lawyer will advise on all information and documents required for a successful application.

At Rankin Ellison, our experienced Probate lawyers offer the expertise and empathy to guide you through every step of the legal process. Should you require our support, we are available to help you distribute assets and settle debts in accordance with the Deceased’s Last Will and Testament.

FAQ

Probate is a legal process that verifies a Will, giving the Executor permission to access and distribute the Deceased’s Estate.

A Grant of Probate is an Order issued by the Supreme Court of New South Wales, confirming that the Will of the Deceased has been proven as valid. The Grant of Probate is the key that allows the Executors of an Estate to “unlock” the Deceased’s assets.

Obtaining a Grant of Probate is generally complete within 8 to 12 weeks of the Deceased’s passing. This duration depends on the complexity of the Estate in question.

When applying for a Grant of Probate, you must provide four documents:

  • The original Will
  • A certified copy of the relevant death certificate
  • An Estate summary that details all assets and liabilities
  • Your Executor’s Affidavit

Whether or not Probate is required depends on the complexity and scope of the Estate at hand.

A Grant of Probate may not be necessary for Estate administration if the Deceased’s assets were of modest value. If the Deceased only held assets jointly with a surviving joint proprietor, Probate will also not be necessary.

If there is no valid Will in place, you must apply for Letters of Administration.

Probate is required to give the Executor of a Will the authority to manage its assets, including real estate and any finances held in bank accounts.

Financial institutions will generally not permit the Executor to access and handle accounts with a balance of over $15,000 unless a Grant of Probate has been obtained.