PROBATE & EXECUTOR SUPPORT

Obtaining the Legal Authority to Administer an Estate

If you have been appointed as an executor, you may be wondering what needs to happen next. One of the first questions many executors ask is whether Probate is required and what responsibilities they may have moving forward.

We assist executors with Probate applications, Letters of Administration and understanding their obligations, providing clarity and guidance during what can often be an unfamiliar and overwhelming time.

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What Is Probate?

Probate is the legal process through which the Supreme Court confirms the validity of a Will and authorises an executor to administer an estate.

Depending on the assets involved, financial institutions and other organisations may require Probate before releasing estate assets.

We can help determine whether Probate is required and guide you through each step of the application process.

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We Can Assist With

Determining whether Probate is required
Preparing and lodging Probate applications
Applications for Letters of Administration
Court document preparation and lodgement
Guidance regarding executor responsibilities
Advice on next steps following a grant

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Probate is Just One Step

Obtaining Probate does not mean an estate has been finalised.

Once Probate has been granted, executors may still need to collect assets, communicate with institutions, manage estate liabilities and distribute assets to beneficiaries.

Some executors choose to manage these responsibilities themselves, while others seek ongoing assistance.

Where additional support is required, we also provide Estate Administration services to assist executors with the practical responsibilities involved in managing an estate.

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FAQS

Do I always need Probate?

Not necessarily. Whether Probate is required depends on the type and value of assets held by the deceased and the requirements of the institutions involved.

How long does Probate take in NSW?

Timeframes vary depending on the circumstances of the estate and Court processing times. We can discuss likely timeframes during your consultation.

What does an executor do?

An executor is responsible for administering the estate, including identifying assets, paying liabilities and distributing assets in accordance with the Will.

What is the difference between Probate and Estate Administration?

Probate is the legal process through which the Supreme Court authorises an executor to administer an estate.

Estate Administration is the broader process of collecting assets, paying liabilities and distributing an estate to beneficiaries.

What happens if there is no Will?

The estate may require a Grant of Letters of Administration rather than Probate. Different rules apply regarding who can administer the estate.

Can I get help if I don't want to manage everything myself?

Yes. We can assist with Probate and, where required, provide broader Estate Administration support to help manage the ongoing responsibilities involved in administering an estate.

How soon can beneficiaries receive their inheritance?

This depends on the size and complexity of the estate and whether all liabilities have been identified and addressed.