Grant of Probate NSW - Expert Guidance from Trusted Probate Lawyers
What is a Grant of Probate?
A Grant of Probate confirms a will’s validity and gives the executor the authority to manage the deceased’s estate. The Supreme Court of NSW issues this legal document. If you are an executor, you must obtain a Grant of Probate to access and distribute the estate’s assets as outlined in the will.
How to Obtain a Grant of Probate in NSW
The process of applying involves several legal steps. Our probate lawyers will guide you through the process, ensuring it’s completed correctly and efficiently.
Key Steps to Apply for a Grant of Probate:
Locate the Original Will
You need the original will to apply for probate.
Obtain the Death Certificate
This document is required to confirm the passing of the deceased.
Prepare the Probate Application
This includes court documents and an affidavit detailing the estate's assets and liabilities.
Advertise Your Intention
You must advertise your intention to apply for probate on the NSW Supreme Court’s website.
Lodge the Application
Submit the completed application to the Supreme Court of NSW for processing.
Our NSW probate lawyers will handle all the legal paperwork and communication with the court, ensuring your application meets all legal requirements.
Why You Need a Probate Lawyer in NSW
You can apply for a Grant of Probate without a lawyer, but the process often feels complicated and stressful, especially with large or complex estates. Working with a professional probate lawyer in NSW can help you:
- Avoid delays and errors in the application process.
- Ensure accurate valuation and distribution of assets.
- Manage disputes or challenges from beneficiaries.
- Comply with NSW estate laws and tax obligations
What Happens After Probate is Granted?
Once the Supreme Court of NSW grants probate, the executor gains legal authority to manage and distribute the estate according to the will. This includes:
- Paying off any debts and liabilities.
- Collecting and securing all assets.
- Distributing the remaining assets to beneficiaries.
If you encounter any issues or challenges during the estate administration process, our experienced probate lawyers can provide ongoing support.
How Long Does the Grant of Probate Process Take?
The probate process in NSW usually takes 3 to 6 weeks after submitting the application. Delays can happen if someone contests the will or if the application is incomplete.
Discounted Probate Fees from Eleven Legal
At Eleven Legal, we offer discounted fees for estate administration based on the size of the estate:
- Estates over $3 million – 25% discount
- Estates over $4 million – 35% discount
- Estates over $5 million – 40% discount
- Estates over $6 million – 45% discount
We understand that handling a loved one’s estate can be emotionally challenging. Our goal is to reduce the financial burden and provide expert legal guidance during this difficult time.
Do You Need a Grant of Probate in NSW?
Not every estate requires a Grant of Probate. If the deceased’s assets are held jointly or are of minimal value, probate may not be necessary. Our probate lawyers will assess your situation and advise you on the best course of action.
Why Choose Eleven Legal for Your Grant of Probate?
Experienced NSW Probate Lawyers
Decades of experience handling complex probate cases.
Transparent Pricing
Clear, upfront fees with no hidden costs.
Personalised Support
Tailored advice to suit your unique situation.
Convenient Appointments
Meet with us in person or via Zoom.
Real Reviews by Real People
FAQS About Grant of Probate in NSW
Can a Grant of Probate be challenged after it's granted?
Yes, you can challenge a Grant of Probate if new evidence emerges or if someone believes the will is invalid. Challenges may include claims of undue influence, fraud, or lack of capacity when the will was made.
What happens if the executor does not carry out their duties properly?
If the executor mismanages the estate or fails to follow the terms of the will, beneficiaries can apply to the court to have the executor removed and replaced.
Can more than one person apply for a Grant of Probate?
Yes, multiple executors named in the will can apply for a Grant of Probate together. If one executor is unwilling or unable to act, the others can apply on their own.
Is there a time limit to apply for a Grant of Probate in NSW?
While there’s no strict deadline, it’s generally recommended to apply within 6 months of the date of death. If you apply later, you may need to provide an explanation to the court.
Book an Appointment with Eleven Legal
If you have more questions or need expert legal assistance, contact Eleven Legal today. Our experienced probate lawyers are ready to support you through every step of the process.
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