Probate and Estate Administration
Probate and Estate Administration - Brazel Moore Lawyers
‘Probate’ is an order made by the Supreme Court of NSW which confirms that:
- the Will is valid
- the executor appointed by the Will has the authority to collect and deal with the assets of the estate.
- A Grant of Probate is the first step in the process of proving a Will and administering the estate of a deceased person. Grants of Probate are legal documents that enable the executor to finalise a deceased person’s financial and legal affairs.
Probate is obtained by the executor of the Will through his/her Solicitor applying to the Supreme Court of NSW seeking an order for probate.
An Application for Probate consists of a number of documents including:
- the executor’s affidavit;
- an inventory of assets and liabilities;
- A copy of the executor’s advertisement advising of the intention to apply for probate;
- the original Will; and
- a certified copy of the full death certificate.
Probate is not required to transfer jointly held assets to the surviving owner. However, probate is usually necessary if the deceased was the sole owner of real estate.
The time it takes to obtain a Grant of Probate depends on the complexity of the estate. However, the process of obtaining all of the information required to apply for a Grant of Probate can take several months.
Once all of the information is compiled and the Application is filed with the Court, it usually takes up to 10 days for the court to review it and make the grant. It can take longer depending on how busy the court is.
In some cases, the court will issue the executor with what is known as ‘requisitions’. These are questions that the Court requires answered before they are able to proceed to issue a Grant of Probate. The executor, with the assistance of their Lawyer, will need to answer these questions before the court will provide the Grant of Probate.
Geoff Brazel, Estate Lawyer and his experienced Estate Team have been assisting people of the Central Coast since 1981. Call 43247699 to arrange your appointment.