Practical guidance for probate applications, estate administration and executor responsibilities.
Administering a deceased estate, including applying for probate, can feel overwhelming, especially at a time of grief. Whether you have been named as an executor, need help understanding your responsibilities, or are unsure what steps need to be taken next, Brazel Moore Lawyers is here to help. Our experienced team provides clear, practical guidance through probate and estate administration matters with professionalism, discretion and care.
What probate and estate administration involve
While some estates are relatively straightforward, others can be more complex than people expect, particularly where there is real estate, multiple beneficiaries, unclear assets, missing documents, tax issues or the possibility of a will dispute.
Probate is part of the legal process of dealing with a deceased person’s estate, while estate administration is the broader process of managing the estate from start to finish.
Our role is to guide you through the process clearly and carefully, so you understand what is required, what decisions need to be made and what needs to happen next.
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Probate and estate administration FAQs
Is probate always required?
No. Probate is not required in every estate. In some cases, assets can be transferred without a grant of probate, particularly where they are jointly owned. In other cases, probate may be required before banks, financial institutions, share registries or NSW Land Registry Services will release or transfer assets. For example, probate is commonly needed where the deceased owned real estate in their sole name or held significant assets that cannot be dealt with informally. The requirements can vary depending on the type and value of the assets involved.
What is a grant of probate?
A grant of probate is the formal document issued by the Supreme Court of NSW confirming that the will is valid and giving the executor authority to manage the deceased person’s financial and legal affairs.
How long does it take to obtain probate?
The timeframe can vary depending on the complexity of the estate, the accuracy of the application and whether the Court raises any requisitions. Delays can also occur if documents are missing or further information is required. Once the application is filed with the Court, it usually takes around 10 days for the Court to review it and issue the grant, although this timeframe may be longer during particularly busy periods.
What does estate administration involve?
Estate administration is the broader process of managing a deceased estate from start to finish. This may include identifying assets and liabilities, collecting and transferring assets, paying debts, dealing with relevant institutions and distributing the estate in accordance with the will.
What happens if there is a problem with the probate application?
If the Court identifies an issue with the application, it may issue a requisition requesting further information or corrections. This can delay the grant of probate, which is why careful preparation of the application is important.
If you are unsure whether probate is required or need help administering an estate, our team can review your situation and advise you on the appropriate course of action.
