PROBATE

The loss of a loved one is never easy, and dealing with legal matters during that time can be overwhelming. Nash Allen Williams & Wotton solicitors have helped generations of Central Coast families navigate the Probate process with clarity and care. If you have been named executor of a will, our experienced team is here to guide you every step of the way and ensure the deceased’s wishes are carried out lawfully and respectfully.

UNDERSTANDING PROBATE AND ITS PURPOSE

Probate is the legal process of proving that a deceased person’s will is valid and confirming the authority of the executor named in the will. Once Probate is granted by the Supreme Court of NSW, the executor is legally able to deal with the deceased’s assets this includes closing bank accounts, selling or transferring property, and distributing the estate to the beneficiaries named in the will.

Not every estate will require a grant of Probate. For instance, if assets were jointly owned (such as a house held with a spouse as joint tenants), ownership may pass automatically to the surviving joint owner. However, if the deceased held real estate in their name alone or had significant assets such as bank accounts, shares, or a superannuation balance, Probate is usually needed to deal with those assets.

EXECUTOR RESPONSIBILITIES AND LEGAL DUTIES

If you have been named an executor for an estate, your responsibilities will include:

• Accessing the original will and confirming the wishes of the deceased.
• Registering the death, apply for a death certificate, organise the funeral and make necessary payments. This can be arranged along with the deceased’s family.
• Identifying, valuing, and protecting all assets and liabilities.
• Notifying banks, other financial institutions, and government agencies of the person’s death.
• Finding and notifying beneficiaries named in the will.
• Applying for a grant of Probate from the Supreme Court of NSW, if necessary.
• Managing the estate’s finances, including paying debts and taxes.
• Distributing assets to the beneficiaries named in the will.

Executors are expected to act in the best interests of the estate and its beneficiaries. Our solicitors will provide the advice and practical support you need to ensure that these duties are fulfilled properly and without unnecessary delay. This includes advising you whether Probate is required.

APPLYING FOR PROBATE IN NSW

We understand that dealing with paperwork and legal processes at such a difficult time can feel overwhelming. That’s why we can work with you to make the process as straightforward as possible. The application for Probate generally involves the following steps:

1. Publish a Notice of Intended Application
A notice must be published online through the NSW Supreme Court registry at least 14 days before filing the application. This informs the public and any interested parties that you intend to apply for Probate. There is a fee payable when carrying out this mandatory step.

2. Prepare the Probate Application
We will help you prepare the required documents, including the Summons for Probate, Affidavit of Executor, and a full inventory of the estate’s assets and liabilities. We will also ensure that the original will and death certificate are included.

3. Lodge the Application
The complete application is filed with the Supreme Court of NSW, along with the required filing fee. The entire process is now online, but the original will and codicils need to be filed with the Supreme Court of NSW registry in person or by post.

4. Respond to Any Requisitions
The Court may raise queries or request further information. If that happens, our solicitors will respond promptly and work to resolve any issues so that Probate can be granted without delay.

5. Receive the Grant of Probate
Once the Court is satisfied, a formal Grant of Probate is issued. This allows the executor to begin administering the estate.

STEPS FOLLOWING A GRANT OF PROBATE

Once the Grant of Probate has been issued, you, as the executor, can:

• Collect and manage the deceased’s assets.
• Close bank accounts, sell or transfer property, and deal with investments.
• Pay any outstanding debts or taxes.
• Finalise any other financial matters.
• Distribute the remaining assets to beneficiaries in accordance with the will.

We can assist with the administration of the estate, from calling in the assets and settling debts, through to preparing distribution statements and ensuring beneficiaries receive what they are entitled to.

TIMEFRAMES AND COSTS INVOLVED

Each estate is different, but most grants of Probate are issued within 6–8 weeks from lodging the application, provided there are no issues raised by the Court. Complex estates or missing documents may delay the process, but we will keep you informed throughout.

Costs include the Court’s filing fee (which is based on the value of the estate), and legal fees for the preparation and lodgement of the application. We provide clear and upfront information about legal costs, and in many cases, these fees are paid from the estate itself.

NASH ALLEN WILLIAMS & WOTTON CAN ASSIST

We have been helping Central Coast families with wills and Probate matters since the 1950s. Our experienced solicitors understand how challenging this time can be and provide compassionate, expert advice to ease the burden. Whether you are an executor needing help with a Probate application, or a beneficiary with questions about the estate, our team is ready to assist you with professionalism and care.

PROBATE FAQS

WHAT HAPPENS IF THERE IS NO WILL?

If a person dies without leaving a valid will, they are said to have died ‘intestate’. In these cases, the estate cannot be distributed until someone applies to the Supreme Court for a grant of Letters of Administration. This is usually the next of kin. The estate is then distributed according to the intestacy rules set out in the Succession Act 2006, which determine who is entitled to inherit.

WHAT ASSETS ARE NOT INCLUDED IN PROBATE?

Not all of a deceased person’s assets are subject to Probate. Common examples include assets held jointly with another person, which pass automatically to the surviving owner. Superannuation and life insurance are usually distributed by the fund or insurer to nominated beneficiaries, but if the balances are substantial, Probate might be needed.

We can help you identify which assets require Probate and which do not.

CAN PROBATE BE CONTESTED?

Yes. In some situations, Probate or the will itself might be contested. This could happen if someone believes the will is invalid, the deceased lacked mental capacity when making it, or they were unduly influenced. A person may also bring a Family Provision Claim if they believe they were not properly provided for. Our solicitors can advise whether a challenge is likely to succeed and protect the estate’s interests if a claim is made.

HOW LONG DO I HAVE TO APPLY FOR PROBATE?

Applications for Probate should be made within six months of the date of death. If an application is made later than that, the Court will require an explanation for the delay.