The process of registering and proving the authenticity of a will to the Supreme Court of New South Wales is known as probate. The steps involved are outlined below.
When a person dies, someone must manage his or her estate. In most cases, this responsibility lies with the executor of the will – the person nominated by the will’s author, who administers the deceased’s estate and oversees the disposal of their debts and assets. The executor must seek a Grant of Probate from the Supreme Court of New South Wales in order to receive the authority to act in this capacity. This public legal document is the proof required by those with a third-party interest in the deceased’s assets – for example, banks – to release those assets.
To obtain a Grant of Probate, the will’s executor must apply to the Probate Division of the Supreme Court of New South Wales. If approved, the Grant of Probate will be issued, confirming the author of the will has died, and the executor of the will is who they say they are. Once a Grant of Probate has been issued, the executor can safely assume management of the deceased’s estate. All Grants of Probate are safely stored, along with the corresponding will, at the Supreme Court of New South Wales.
In the event a deceased person does not have a will, a similar document known as the Letters of Administration is applied for and used to validate the deceased’s estate and benefactors in lieu of a Grant of Probate. The Supreme Court of New South Wales refers to the Probate and Administration Act 1898 to assess these applications.
If you find yourself the executor of a will, Fred Kalouche & Associates can guide you through this process, or prepare an application for either Probate or Letters of Administration on your behalf to file with the Probate Division of the Supreme Court of New South Wales.
Our services include:
- Collecting information from you and preparing your application and any consent forms, if required;
- Arranging for you to sign the application; and
- Filing the application with the Supreme Court and giving you the Grant of Probate or Letters of Administration once received.
- Assisting with the Administration of the Estate once a Grant of Probate or Letters of Administration have been received.
Contact us today (02) 8062 6300 to find out how.