What is probate and why do we need it?

When someone dies, we need “probate”.

Under NSW Law, when a person dies, leaving assets, the Executor of the Will needs to apply to the Supreme Court of NSW, to apply for a “grant of probate”.

IS PROBATE NEEDED?

Yes!!!

Probate is required when a person dies in NSW owning more than $50,000 in assets.

HOW AND WHEN DO WE APPLY FOR PROBATE?

Probate needs to be filed within 6 months of the death.

It requires significant documentation and a detailed application process, which needs to be filed with the Supreme Court of NSW.

Generally, it can take up to 3 months to be granted Probate.

If there are any issues with the Will, even wording or unclear intentions, this could lead to the Court seeking a requisition and this could cause significant delays.

It is always prudent to engage a lawyer to prepare the application for Probate and to liaise with the Court.