Probate Lawyers Sydney

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Losing a loved one is an incredibly difficult experience. The additional responsibility of managing their final affairs can feel complex and overwhelming. At V.S. George Lawyers, our compassionate probate lawyers are here to manage the legal burdens for you. We handle the entire process with sensitivity and efficiency, allowing you to focus on what matters most, your family.

What Is Probate?

When a person passes away, their assets (property, bank accounts, shares) must be collected, their debts paid, and the remaining assets distributed to the beneficiaries named in their Will. This entire process is known as estate administration.

Probate is the first and most crucial step. A Grant of Probate is an official document issued by the Supreme Court of NSW that:

Confirms the deceased’s Will is legally valid.
Formally appoints the Executor named in the Will.
Grants the Executor the legal authority to begin managing the estate.

Why You Need a Grant of Probate

Asset holders like banks and the Land Titles Office will not release assets to the Executor without a Grant of Probate, although probate is not always required for smaller estates or jointly held assets. Acting without the proper authority can expose an Executor to personal liability, which is why obtaining the grant promptly, and correctly, matters.

What if There Is No Will?

If a person dies without a valid Will (known as dying ‘intestate’), the process is different. A relative (usually the next of kin) must apply to the Supreme Court for Letters of Administration. This Grant gives them the authority to act as the Administrator and distribute the estate according to a strict formula set by NSW law, which may not align with the deceased’s wishes.

What the Probate Process Involves

We manage every stage of the process on your behalf:

Publishing a Notice: We publish a notice of intended application on the Supreme Court’s online registry. This informs the public and potential creditors that an application for probate will be made.
Preparing Court Documents: We prepare all required documents, including the summons, the Executor’s affidavit, and the original Will.
Filing with the Court: We file the application with the Supreme Court of NSW. We manage any requisitions or requests for further information from the Court.
Administering the Estate: Once the Grant of Probate is issued, we assist the Executor to identify and collect all assets, pay any outstanding debts and taxes, and prepare a final accounting for the beneficiaries.
Distributing the Estate: Finally, we ensure the estate assets are distributed to the beneficiaries correctly and in accordance with the terms of the Will.

How V.S. George Lawyers Can Help

Being an Executor is a serious legal role, and mistakes can make you personally liable to the beneficiaries. Our guide to dealing with deceased estates and executor duties explains what is involved, including the duty to:

Acting honestly and in the best interests of the beneficiaries.
Protecting the assets of the estate.
Keeping detailed financial records of all transactions.
Distributing the estate strictly according to the Will.

Our probate lawyers take this pressure off your shoulders. We handle the court application, the paperwork, and the administration, keep you protected from personal risk, and ensure every duty is met correctly. Probate is part of our broader wills and estates service.

Let Our Probate Lawyers in Sydney Help You

Allow our experienced and compassionate probate lawyers in Sydney to guide you through the probate process with confidence and care.

Ready to speak with our team? Visit our contact page or call 02 9150 6991 to arrange a confidential discussion.

How long does probate take in NSW?

Straightforward applications are often granted within four to eight weeks of filing, provided the Supreme Court raises no requisitions. Administering the full estate afterward usually takes six to twelve months, depending on the assets, debts, and whether any disputes arise.

How much does a probate lawyer cost in NSW?

Probate legal fees in NSW are partly regulated, with a scale of costs based on the value of the estate, plus court filing fees. Fees are paid from the estate rather than by the executor personally. We provide a clear estimate at the outset.

Can you administer an estate without probate in NSW?

Sometimes. If the estate is small, or assets are held jointly and pass automatically to the surviving owner, a Grant of Probate may not be needed. Most banks, however, require probate to release larger balances.

Is there a time limit to contest a will in NSW?

For family provision claims, section 58 of the Succession Act 2006 (NSW) requires you to file within 12 months of the date of death. Courts can extend this in exceptional circumstances. Challenges to a will’s validity have no strict statutory time limit, but acting promptly is always advisable, particularly before assets are distributed.

What happens if an executor does not apply for probate?

If an executor is unable or unwilling to act, they can renounce the role, and another eligible person can apply. Delays can expose the executor to complaints from beneficiaries, so it is best to seek advice promptly.

Do all executors have to apply for probate together?

Where a Will names more than one executor, they can apply jointly, or one can apply with leave reserved to the others. We advise on the best approach based on the family’s circumstances.