LOOKING FOR PROBATE APPLICATION
PROBATE AND LETTERS OF ADMINISTRATION NSW | PROBATE CONSULTANTS
Probate Consultants are a fast, easy, and cost-effective “lawyerless” way for everyday Australians to access guidance and expert advice on Applications for Probate in NSW and Letters of Administration in NSW.
If you have been appointed as the Executor of a Will or are the closest next-of-kin of someone who has passed without a Will – speak to our friendly, experienced NSW Probate and NSW Letters of Administration experts at Probate Consultants for an obligation-free quote – the quicker, simpler, more affordable alternative to Probate Lawyers in Sydney.
We exist to provide a seamless, innovative, and bespoke legal service to families in Sydney who have lost a loved one and need to apply for Probate in NSW and Letters of Administration in NSW. We are Probate experts, but different! Our Co-Founder Thomas Torcello is an Australian lawyer who realised that operating as Probate Consultants, rather than a traditional law firm, allows us to provide a truly personal and one-to-one client experience, whilst delivering the same legal outcome.
Sydney is already known as the most expensive city in Australia in terms of property, groceries, and other everyday expenses associated with high costs of living – this even holds true when a loved one passes away. Our goal is to ensure that the funds left behind by a person who has passed remain with the intended beneficiaries: the family and friends carrying on the memory of their dearly departed.
Probate Consultants is the best rated Online Probate Service, with over 80 Five-Star Reviews on Google. We prioritise your experience and have built our application system around your needs during this already difficult time. With a 100% success rate, fixed fees, 24-hour turn-around and same day responses to all your calls and emails, Probate Consultants provide the peace of mind that you are getting the expertise you need in applying for Probate in NSW and Letters of Administration in NSW, whilst experiencing 5-Star customer service. See why we have a 5-Star rating on Google and what our clients say about us here.
The vision of our founders Thomas Torcello and Naomi Torcello was to provide a premium alternative to the rigid, overly legalistic and transactional approach when dealing with the loss of a loved one – the result: Probate Consultants.
APPLYING FOR PROBATE AND LETTERS OF ADMINISTRATION IN NEW SOUTH WALES
Generally speaking, applying for Probate and Letters of Administration in New South Wales involves:
- Advertising your intention to apply
- Drafting the Application
- Preparing all supporting documents (‘Annexures’)
- Lodging the application with the Supreme Court of NSW
- This can be done once the advertisement has been published for 14 clear days.
Probate Applications 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)
Once an application for Probate or Letters of Administration is lodged with the Supreme Court of NSW, it is reviewed within 28 days. If the application is approved, the Grant of Probate or Administration is issued and sent out by post. If, however, there is an issue with the application, the Court will raise a requisition that must be answered before the application is granted.
Probate in New South Wales can be daunting for many people, especially considering the strict requirements of the Supreme Court of NSW and the various procedural aspects involved. Leave the challenging paperwork and processes to Probate Consultants and mitigate the risk of a requisition (questions raised by the Court) or even a failed application. We guarantee your application will be successful or your Money Back.
You can contact us for a Free Consultation – with no time limit – where we will assess your situation thoroughly and provide you all the information you need to make the right choice for you and your family. Our mission at Probate Consultants is for expert advice to be accessible to all families in NSW without feelings of being on a timer or fears about “what is this costing me?”
WHY CHOOSE PROBATE CONSULTANTS IN NEW SOUTH WALES?
We treat every client as though they were our family, because that is how this business began – helping family apply for Probate when they couldn’t afford the legal fees and had difficulty navigating the complicated, legalistic landscape.
Our unique position as expert consultants – and not a traditional law firm – is one of the many aspects that differentiate Probate Consultants from Probate Lawyers in Sydney who offer the same legal outcome. We care about you, your family and the experience that you all share in dealing with the loss of a loved one.
The team at Probate Consultants is known for being:
Don’t take our word for it though, this is what our clients say about their experience with Probate Consultants:
“My experience with Probate consultants was fantastic. Naomi was always professional, understanding and her work ethics are awesome. I would recommend this firm without hesitation.”
– December 2020
“Probate Consultants are amazing. They’re service is not only professional but very fast and efficient. Thomas made sure the process of grant was easy on us so there was less for us to do and stress about. Very lovely and supportive. I would give Probate Constants a 10 star review if I could ”
– December 2020
Probate is a legal term that refers to the process by which the Supreme Court of NSW certifies that:
A Will is valid and can be acted upon
The executor(s) named in the Will have the authority to finalise the deceased person’s estate. This includes all property, assets and any debt.
In determining whether you need a Grant of Probate in NSW, you can:
- Contact the institutions holding the assets of the deceased and ask whether they require a Grant in order for you to deal with the property.
- If there are minimal assets, you may only need to produce a certified copy of the Will and death certificate
- Contact Probate Consultants for a free consultation regarding the estate.
There is no requirement to apply for Probate in New South Wales in order to administer the estate of someone who has passed away. You only need to apply for Probate to deal with the deceased person’s assets if the institutions holding those assets require it.
Probate is a legal process where the Supreme Court of NSW certifies that:
- A Will is valid and can be acted upon
- The executor(s) named in the Will have the authority to finalise the deceased person’s estate. This includes all property, assets and any debt.
Once an application for Probate is filed with the Supreme Court of NSW, it is processed within 20 working days. If the application is successful, the Grant of Probate is posted to you in the mail and is usually received in 2-4 days. If there are any questions, issues or concerns that need to be addressed in relation to your application, the Registrar will raise a requisition for further information to be provided. Once answers to the requisition have been filed with the Court, they will be reviewed within 20 business days. Having to answer requisitions can cause significant delays to the application process and can often result in having to seek legal advice.
Probate of a Will is the process by which the validity of a Will is proved to the Supreme Court of NSW.
Probate of a Will is granted to the executor(s) who proved the Will. They are issued with a Grant of Probate which is evidence of their authority to deal with the property and assets in the deceased person’s estate. The estate must be administered in accordance with the wishes of the deceased as set out in the Will.
Once the executor(s) receive the Grant of Probate, they can begin administering the deceased person’s estate immediately.
- Collecting all property and assets
- Paying any debts
- Distributing the assets according to the Will
Funds can be distributed to the beneficiaries named in the Will once the assets of the estate have been collected, and any debts have been paid.
The executor(s) may choose to publish a notice on the NSW Online Registry before distributing any funds. This is called a ‘Notice of Intended Distribution’ and gives creditors 30 days to make a claim on the estate where there are debts owed. This is not mandatory however, may provide protection from claims made by creditors in the future.
If you were to apply yourself, without engaging a solicitor or using Probate Consultants, you would pay the following:
- Advertisement fee – $48
- Filing Fee (based on gross value of the estate)
- $0: Less than $100,000
- $772: More than $100,000 but less than $250,000
- $1,048: More than $250,000 but less than $500,000
- $1,607: More than $500,000 but less than $1,000,000
- $2,141: More than $1,000,000 but less than $2,000,000
- $3,568: More than $2,000,000 but less than $5,000,000
- $5,948: More than $5,000,000
There is no standard cost that solicitors charge for preparing Probate applications. Fees vary from practitioner to practitioner and practice to practice.
When considering a price quote from a Solicitor, ensure the following has been included to avoid any surprises in the final bill:
- Costs & Disbursements
- Advertisement Fee
- Filing Fee
Often lawyers will provide a quote for their professional fee only, excluding any GST or the administrative costs involved. This can add hundreds of dollars to the final bill.
We provide a fixed quote that includes all fees and GST. You have complete certainty over the total out-of-pocket cost involved in obtaining Probate from the beginning. No surprises.
The fixed fee is determined by the total value of the property and assets in NSW.
Our all-inclusive quote includes:
- Our fee
- Advertisement Fee
- Filing Fee
- Paid to the Supreme Court of New South Wales when the Application is lodged
There are three ways to apply for a Grant of Probate:
- Instruct a solicitor to act on your behalf
- Authorise a Trustee Company to act as the executor or administrator
- Prepare the Application yourself (without a Solicitor)
Many people don’t realise that you can apply for Probate yourself without seeing a Solicitor. The challenging part, however, is navigating the complicated forms, filling them out in accordance with the strict requirements of the Supreme Court of NSW and arranging all the necessary documents for lodgement.
That’s where Probate Consultants come in! We do all the tricky paperwork and processes for you, guaranteeing that your application will be successful or your money back. You get the same legal outcome as seeing a Solicitor, without any excessive legal fees.
Someone who passes away without a valid Will has died intestate. To deal with the property and assets they have left behind, someone who is entitled to benefit from the estate, usually the deceased’s closest next-of-kin, can apply for Letters of Administration.
Letters of Administration are issued by the Supreme Court of NSW to the person(s) legally entitled to deal with the property and assets of someone who has died intestate. This person is appointed Administrator of the estate.
Probate Filing Fees are paid to the Supreme Court of NSW in order to lodge an application for Probate. This is what it costs in order for the Court to process the application, and if successful, grant Probate of the Will.
The Filing Fee payable for an application is determined by the total value of assets held in New South Wales. The higher the value of the NSW assets in the estate, the higher the cost of the Filing Fee.
All real estate and personal property owned by the deceased must be included in an application for Probate where it was owned solely or as tenants in common.
Property and assets owned jointly with another person can be excluded from the application if ownership passed automatically to the surviving owner when the person passed.
There is, however, no requirement to apply for Probate in order to administer the estate of someone who has passed away. You only need to apply for Probate to deal with the deceased person’s assets if the institutions holding those assets require it.
Yes, you can apply for Probate yourself without a solicitor.
To see what’s involved in preparing your own application for Probate you can visit the NSW Supreme Court Website here.
The challenging part with drafting your own Probate Application is navigating the complicated forms, filling them out correctly and adhering to the Supreme Court of NSW’s strict requirements.
That’s where Probate Consultants come in! We do all the tricky paperwork and processes for you, guaranteeing that your application will be successful or your money back. You get the same legal outcome as seeing a Solicitor, without expensive legal fees.