The Ultimate Guide
With Probate Consultants you get Probate in NSW within 6 weeks, which is the fastest time possible.
It’s a stressful time dealing with the passing of a loved one, and the process of applying for Probate in New South Wales is often another time-consuming item on your to-do list. During this busy time for you and your family, we have simplified how long Probate takes in NSW with this simple guide.
Firstly! What is Probate?
Probate is a legal process where the Supreme Court of NSW certifies that:
- A person has passed away (the deceased).
- The deceased left a valid Will.
- The executor(s) named in the Will have the authority to administer and finalise the deceased’s estate.
Probate is not always necessary to administer a deceased estate. Contact us for a Free Probate Assessment to determine whether Probate is required.
How long do I have to apply for Probate in NSW?
In NSW, you must apply for a Grant of Probate within 6 months from the date of death of the deceased. If you apply after 6 months, you will need to provide a reason for the delay in your application.
Probate Applications are lodged with the Supreme Court of NSW and consist of the following documents:
- Summons for Probate
- Affidavit of Executor(s)
- Certified Copy of Death Certificate with Annexure Note
- Inventory of Assets
- Draft Grant x 2
- Original Will (marked)
Probate applications must adhere to the strict legal and procedural requirements of the Supreme Court of New South Wales. To avoid issues and unnecessary delays, let Probate Consultants take care of the tedious forms and legal paperwork. We will ensure that you obtain Probate in the fastest time possible without any stress or fuss.
Call us now on 1300 561 803 for a Free Consultation.
How can Probate Consultants assist me in NSW?
Wherever you are located in NSW, our online service makes it easy to apply for Probate. It begins with a Free Probate Assessment with a dedicated consultant. If you have all the necessary documents, you can start the application process straight away by completing our simple web form which takes a short 5-10 minutes. Once we have the information we need, your job is done, and we take care of the rest.
Here is what our clients say about how easy and convenient the application process is:
“Naomi did a great job for us. Pleasant, professional, prompt and accurate. Thank you for making a potentially very difficult process so easy.”
Jenny Wellings
December 2021
“I can highly recommend Probate Consultants. Thomas was extremely helpful and always responsive he made the process so easy for me. Totally happy with the great service and great price. Thanks so much.”
Kristine Coralluzzo
December 2021
What happens after Probate is granted in NSW?
After the executors receive the Grant of Probate, they are able to administer and finalise the deceased person’s estate. This includes distributing funds to the beneficiaries named in the Will once all assets have been collected and any outstanding debt has been cleared.
Administering the estate includes:
- Collecting all property and assets
- Paying any debts
- Distributing the assets according to the Will
While you can administer the deceased estate as soon Probate is granted, many executors choose to publish a notice of intended distribution on the NSW Online Registry before distributing any assets. This allows creditors 30 days to make a claim on the estate if any debt is owed. Again, this is voluntary but does provide a degree of protection against any nasty surprises of claims made by creditors in the future.
Some executors do not distribute assets until 12 months after the deceased passed away. This is a precaution against any party that may make a claim and to ensure there are no challenges made to the Will within the 12-month challenge period. Where there is any concern about the Will being challenged or the possibility of a claim, we recommend seeking legal advice prior to administering the estate.
Discover more about Probate in Australia with Probate Consultants.
How can I find out if Probate has been granted?
To check if Probate has been granted, all you need to do is:
- Contact the Supreme Court of NSW Registry on 1300 679 272
- Speak to a staff member and advise them of your request
- Provide the Case Number for the application
The case number can be obtained by accessing the Notice of Intended Application for Probate online here.
You will need to input the details of the deceased and find the relevant Notice for the application.