Wills & Estates
Probate
The function of probate
Before an executor of the Will can start distributing assets, they need to obtain a grant of probate from the Supreme Court with the help of a probate lawyer. This is because the probate confirms that the Will is deemed legally valid.
The probate will also function as proof that the executor is authorised to administer the Will. Once granted, the executor will be enabled to proceed in distributing the assets.
If you do not apply for probate, the assets cannot be distributed to the beneficiaries and you may incur additional expenses, either from outstanding payments due to creditors, or extra costs incurred by the deceased estate.
If you have been nominated as an executor of a Will, the expert team at Burbank & Brown will help you make your application for probate to the Supreme Court. Once the probate has been granted, we will then be able to help you with the distribution of assets to family members and others as outlined in the Will.
You can rely on the team at Burbank & Brown to guide you through the process and legal work of applying for probate and facilitating executor duties.
The timeline
Obtaining a grant of probate can take some time.
To find out the processing time, you may visit the Supreme Court website, as it publishes the probate processing time.
If the application is simple, and not contested, it may take approximately 10 working days to be processed by the Supreme Court. However, the Supreme Court may request additional information, which will slow up the process. As such, it’s important to ensure all information is provided at the time of application to avoid delays.
A Reseal of Probate
A reseal of probate is when probate is granted in another country, state, or territory, yet is still recognised by the Supreme Court of NSW. For example, the deceased may have assets in another state or country and be under a grant of probate in that jurisdiction. Once a reseal of probate has been granted, it will take the same effect in NSW as that outlined in the original grant.
The process for attaining a reseal of probate is especially complex. It’s best to seek legal advice from a probate lawyer. If you are an executor of the Will, we are able to help you apply for a reseal of probate.
The process behind applying for probate
Locate and read the Will
Lodge an online noticed of the intended application for a grant of probate. Two weeks must pass before the executor makes the application, in order to provide any creditors with enough notice.
Engage with the friendly Burbank & Brown team to get expert advice, guidance and help
We will help you prepare your documents for the application, such as the original Will, any codicil and the death certificate.
We will supply the forms required to apply for probate and guide you through the process of completing them. These forms include summons for probate, the grant of probate, the inventory of property and affidavit of executor.
When completed, we will file your application with the Supreme Court. Note that you must apply for probate with the court within 6 months of the deceased’s death (or an explanation for the delay will be required).
Learn more with our complete guide to probate.
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