Specialist Probate Solicitors
When a person dies all assets are frozen pending probate or letters of administration. It is the duty of the executor in a valid will to deal with this property by a process known as probate.
A grant of probate is an order made by the NSW Supreme Court confirming a person’s last will and testament is valid. It also confirms that the executor to whom probate is granted is the authorised administer of the estate.
If a person dies without a will, they process is not one of probate but rather letters of administration.
Our Parramatta probate lawyers understand how difficult this time is. We give you the benefit of years of experience to ensure that the process is as smooth as possible.
Our fees are fixed in nature in accordance with the scaled fees found in Schedule 3 of the Legal Profession uniform Law Application Regulation which are based off the value of the estate.
What is my role as an Executor?
The executor broadly speaking is responsible for
- funeral arrangements
- obtain probate
- call in and preserve the estate
- settle any debts
- distribute the estate according to the will and probate.
How long do I have to apply for probate?
Executors should be applying for probate within six (6) months of the death of the deceased.
If the application is outside of that time, the NSW Supreme Court will require an explanation for the delay.
How long does a grant of probate take to get?
The are two main steps;
- A lodgement of intention to seek a Grant of Probate form must be completed online, after this two (2) weeks must pass from the lodgement of this document before the executor can submit any further paperwork.
- After the application has been submitted the time taken can vary dramatically but the aim is generally between 3-8 weeks until probate is granted. Although it is common to take longer depending on how busy the NSW Supreme Court is.
Can I apply for probate myself? Do I need a Parramatta probate lawyer?
Applying for any grant of probate and/or letter of administration can be complicated and time-consuming process. It is critical that you understand your legal obligations in order to reduce time and money needlessly spent.
As an administrator and/or an executor there is also a a benefit in having a probate lawyer in Parramatta deal with the estate to provide a level of personal protection against claims of misuse of office.
Who can apply for Probate?
You can apply for probate if you have been appointed as the executor of a will.
If the executors of the will have deceased or cannot be located, another person can apply to the Supreme Court to be appointed as the administrator of the estate. This process is known as Letters of Administration with the Will annexed.
How long does the executor have to distribute the estate?
Generally, the executor has 12 months from the date of death.
How much do you charge?
Our fees are fixed in nature in accordance with the scaled fees found in Schedule 3 of the Legal Profession uniform Law Application Regulation which are based off the value of the estate.
The fees are not paid for by the executor and are taken out of the estate.
There are also associated filing fees by the court.
How do I find the deceased's will?
There is no main registry or locality for wills in NSW to be stored, so technically speaking a will can be anywhere. Although often a family member or close friend will know where the deceased’s will is.
Typically, wills are stored with the solicitor that drafted the will or they will have a copy. Some other places the will may be are their accountants, safety deposit boxes and/or within their private papers etc.
What if there is no Will?
If there is no will, you cannot obtain a grant of probate.
In these circumstances an application will need to be made to obtain a Letter of Administration.
Do I need probate to update title deeds or certificate of titles?
In situations where the deceased was listed as a ‘joint tenant’ on the certificate of title, a grant of probate is not required. The surviving joint tenant needs to complete a form from the NSW Land and Title Office titled ‘Notification of Death’.
A grant of probate will be required in the following circumstances:
- Deceased was the sole registered owner
- deceased was a tenant-in-common
- deceased was a ‘joint tenant’ and the other tenant died before the deceased.