12th April, 2024
A Grant of Probate is a legal document issued by the Supreme Court of New South Wales. When a Grant of Probate is received, the Court recognises the validity of a Will and the executor of a Will to deal with the estate in accordance with the deceased person’s Will. This involves asset collection, settling debts, and distributing the deceased’s assets to the beneficiaries.
An executor of a Will in NSW is the person or people named by a Will-maker to carry out their final wishes. The executor can be a close friend or family member, or an appointed professional such as a solicitor.
Only the appointed executor can apply for a Grant of Probate. If the deceased did not appoint an executor in their Will, or if the named executor is unable to obtain a Grant of Probate or has passed away, then someone like a beneficiary may apply to the Court for a Grant of Letters of Administration with the Will annexed. A Grant of Letters of Administration can also be applied for when the deceased has died intestate (without a Will).
In New South Wales, it’s advisable to apply for probate within 6 months of the deceased’s passing. If an application for probate is filed after 6 months from the date of death of the deceased, an explanation for the delay must be provided to the Court.
In a situation where there is more than one executor named, generally all the executors can apply for the Grant of Probate. If one executor has passed away or does not wish to obtain Probate, the remaining executors will apply and an explanation is given to the Court as to why not all executors are applying for a Grant of Probate.
A Grant of Probate can take a few months to over a year to be processed and depends on the complexity of the Estate and the availability of the assets. There are many factors that can affect the length of the process, including disputes over the Will, the need to sell any assets, if the Probate is contested, and any tax obligations of the deceased and of the estate.
Determining whether it’s necessary to apply for a Grant of Probate depends on the nature and the value of the assets owned by the deceased.
If you wish to discuss making an application for a Grant of Probate or to enquire whether a Grant of Probate is necessary, please call Castrikum Adams Legal on 02 6687 1167.