Help for executors and families after a death.
Probate, letters of administration and estate administration in NSW, from the first call to final distribution.
When a person dies, someone must collect their assets, pay their debts and pass on what is left.
Banks and the land registry usually need a grant from the Supreme Court before they will deal with that person.
The executor named in the will applies for probate. If there is no will, a relative applies for letters of administration.
We act for executors, administrators and families through each step.
Probate and estate administration in NSW
- Applying for probate. We prepare and file the online application in the Supreme Court of NSW.
- Letters of administration. We act where there is no will, or no executor able to act.
- Executor duties. We advise executors on their duties and act in the administration of the estate.
- Family provision claims. We act for people making a claim on an estate and for executors defending one.
When a grant is needed
NSW law does not require a grant in every case.
- Real estate held as joint tenants passes to the surviving owner without a grant.
- Real estate held in the deceased's sole name, or as tenants in common, generally needs a grant.
- Some banks and other asset holders release smaller amounts without a grant. Each one sets its own rules.
We check each asset with you and tell you whether a grant is needed.
How long it takes
An application should be filed within six months of the death. A later application must explain the delay.
A notice of intended application must be published on the NSW Online Registry at least 14 days before the application is filed.
The Supreme Court publishes current processing times on its website. Delays have been reported due to the high number of applications.
An executor should generally not distribute the estate earlier than six months after the death.
Where executors get caught
Assets are distributed too early
An executor who distributes before debts, tax and claims are dealt with can be personally liable.
The application is filed late.
An application filed more than six months after the death needs an explanation to the court.
Real estate is sold before the grant.
The Supreme Court states it will not entertain requests to speed up a grant from executors who sell real estate before obtaining one.
The original will cannot be found.
The court will not grant probate of a copy where the original's whereabouts are known. A lost will needs further evidence.
Tax returns are missed.
The ATO may need a final return for the deceased and trust returns for the estate.
Common questions
Do I need a solicitor to apply for probate?
No. Many applications are uncontested and can be filed online. A solicitor can prepare the documents, deal with the court and advise on executor duties.
How long does probate take in NSW?
It depends on the court's processing times and the estate. The court publishes current times. Administration of an estate often takes six to twelve months or more.
What if there is no will?
A relative, usually the spouse or a child, applies for letters of administration. The estate passes under the intestacy rules.
Can someone challenge the will?
An eligible person can apply for a family provision order, generally within 12 months of the death.
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