Are you an Executor of an estate? Or has a loved one passed away with a Will?
If so you will need to apply for Probate with the Supreme Court of New South Wales so that you can “administer the estate”. This means you step into the shoes of the deceased call in the assets and distribute them to the beneficiaries as per the Will.
In summary, the process of applying for Probate is:
- Ascertaining the value of assets and liabilities;
- Organising publication of intention to apply for Probate;
- Drawing necessary documentation to apply for Probate;
- Obtaining the grant of Probate;
- Calling in of assets;
- Negotiating with superannuation funds;
- Negotiating with life insurance agencies;
- Organising publication of intention to distribute;
- Distributing the estate; and
- Establishing a trust if required.
To apply for Probate we will file the following documents in the Supreme Court of NSW:
- Summons for Probate
- Inventory of Property
- Affidavit of Executor
- The will (including codicils)
- Death Certificate.