Probate
Applications for probate of a will in the Supreme Court of New South Wales, including informal wills and contested matters.
Applying for Probate After Someone Has Died
A grant of probate is the Supreme Court's recognition that a will is valid and the named executor has authority to deal with the estate. Most estates with assets in the deceased's sole name require a grant before banks, share registries and the land registry will release assets. We prepare and lodge applications efficiently, in plain English with the executor, and deal with any issues that arise along the way.
What Is Probate?
Probate is the process by which the Supreme Court of NSW confirms a will is valid and formally authorises the named executor to administer the estate in accordance with its terms.
When Probate Is Required
Not every estate needs a grant. Where assets are jointly owned, pass by survivorship or sit within superannuation with a binding nomination, a grant may not be needed, though banks set their own thresholds for releasing modest accounts without one.
What the probate process involves
Locating the Will and the Estate
We confirm the most recent valid will and identify the named executor, then work with the executor to compile a full picture of the estate's assets, liabilities and beneficiaries.
Preparing and Filing the Application
The application is filed online through the Supreme Court's probate registry, supported by the original will, the death certificate and an inventory of property, after the required notice period has passed.
Requisitions and Contested Applications
The Registry may raise requisitions over execution, amendments or the identity of the executor. Where the will's validity is genuinely in issue, the application may need to proceed in solemn form with additional evidence.
Collecting, Distributing and Executor Duties
Once the grant issues, the executor calls in assets, pays debts and taxes, and distributes the estate, keeping proper records throughout. An executor owes duties to the estate and beneficiaries and can be personally liable for errors.
Our process
How a matter of this kind moves from first contact to outcome.
Locate the Will
We confirm the most recent valid will and identify the named executor.
Confirm the Executor and Assets
We compile a full picture of estate assets, liabilities and beneficiaries.
Prepare the Court Application
The probate application is prepared, published and filed with the Supreme Court registry.
Obtain the Grant
We respond to any requisitions and obtain the grant of probate.
Collect Estate Assets
Banks, share registries and superannuation funds are notified and assets called in.
Pay Liabilities and Distribute
Debts and tax liabilities are paid before the estate is distributed to beneficiaries.
How Shah & Co Lawyers can assist
We manage the probate process from locating the will through to the final grant.
Probate Applications
Applications for probate in common form in the Supreme Court of NSW.
Contested Applications
Applications for probate in solemn form where the validity of the will is in issue.
Informal Will Applications
Applications under section 8 of the Succession Act.
Notices to Creditors
Notices to creditors and publication on the online registry.
Liaison With Institutions
Liaison with banks, share registries and superannuation funds.
Family Provision Advice
Advice to executors and beneficiaries on family provision claims and time limits.
Executor and beneficiary rights
- An executor has authority to deal with the estate once a grant issues, and is personally liable for getting the administration right.
- Beneficiaries are entitled to be kept informed and to receive a proper accounting of the estate.
- Eligible persons, including spouses, children and certain dependants, may bring a family provision claim within 12 months of death.
- Disputes over the validity of a will, including testamentary capacity and undue influence, can delay or prevent a grant issuing.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other wills & estates services
Wills
Preparation of wills, including simple wills, mutual wills and wills involving testamentary trusts.
View WillsEstate Planning
Estate plans that take account of family circumstances, blended families, business interests, self-managed super funds and tax considerations.
View Estate PlanningPowers of Attorney
General and enduring powers of attorney under the Powers of Attorney Act 2003 (NSW).
View Powers of AttorneyEnduring Guardianship
Appointments of enduring guardian under the Guardianship Act 1987 (NSW) for personal, lifestyle and medical decisions.
View Enduring GuardianshipLetters of Administration
Applications for letters of administration where the deceased died without a will or where the executor is unable to act.
View Letters of AdministrationEstate Administration
Administration of estates after a grant, including calling in assets, payment of liabilities, accounting to beneficiaries and distribution.
View Estate AdministrationSpeak with us about applying for probate.
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