Grant of Probate – Probate Lawyers
A Grant of Probate is a legal document that authorises an executor to manage the deceased estate in accordance with their wishes as set-out in the Will.
When a person dies, their affairs must be finalised. This includes managing the assets and liabilities of the deceased person.
Probate is the process of proving and registering in the Supreme Court of NSW the last valid will of a deceased person. A Grant of Probate is a legal document obtained from the Supreme Court of NSW that authorises the executor named in the deceased’s will to manage and deal with the deceased’s estate in accordance with their testamentary wishes.
Applications for a Grant of Probate should be made within 6 months from the date of death of the deceased, otherwise the Court requires an explanation for the delay.
Usually the Court will require the deceased’s original will to be filed with the Probate application. However, where the original will has been lost, probate can be granted on a true copy of the last will, and an informal will may be accepted by the Court if it is satisfied that the informal will constituted the last will of the deceased.
Only those named as an executor in the deceased’s will can apply for a Grant of Probate. The executor can be an individual or more than one person acting jointly, and must be over 18 years of age.
Once Probate has been granted by the Court, the executor has legal authority to deal with the estate’s assets and liabilities within NSW and can proceed to the administration and distribution of the estate in accordance with the deceased’s will.
It is important to remember that Probate granted in NSW only authorises the Executor to deal with the estate’s assets held in NSW. If the deceased has assets in another Australian state or territory, or overseas, a Reseal of Probate or new Grant may be required.
Grant Of Probate Legal Assistance
If you have been named executor in a Will and need to apply for a Grant of Probate, or if you require an expert probate lawyer who can assist you with your probate query, call the Sydney Probate Lawyers today on (02) 9221 2779 or email us at email@example.com to speak with our expert legal team.