Probate

What is Probate in NSW?

When a person dies leaving assets in NSW, all assets of the deceased (both real estate and personal property) are deemed to be vested in the NSW Trustee by reason of section 61 of the Probate and Administration Act 1898.

If the deceased died leaving a valid Will, it is the duty of the executor named in that Will to call in the assets, pay liabilities and distribute the estate to the beneficiaries so named.

In order to gain the authority to carry out their duties, the executor may apply to the Supreme Court of NSW for a Grant of Probate of the deceased’s last Will.

The Grant of Probate is not only proof that the person named in the Grant is entitled to handle the assets, but upon the Grant of Probate all assets of the deceased are vested in the name of the executor and not the NSW Trustee.

Once Probate has been obtained, asset holders (such as the Bank, Department of Lands, Aged Care Facility or Share Registry) will release or transfer the deceased’s assets into the executor’s name so that the executor may go about his or her duties.

An application for a Grant of Probate must be in the prescribed form and satisfy the Supreme Court of NSW that the Probate and Administration Act (NSW) and Supreme Court Act (NSW) have been complied with.

Legalbit has one of the best probate services in Australia, enabling executors to obtain Probate at a fixed cost, quickly and hassle free to ensure that you meet your obligations as executor in a timely manner.

Once engaged we commence the application by arranging for notice of the intended application for Probate to be published via the online Court. We then draft all the required Court papers and meet with you at one of our 10 Sydney locations to sign the application. Following this meeting we lodge the application with the Supreme Court of New South Wales and notify you once the Grant of Probate has returned.
Finally, upon receiving the Grant of Probate we organise for a further notice to be published in the newspaper in order to protect you from any claims of creditors.

To get started with the application simply complete your details by clicking here.

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