No, not every estate requires probate. If the estate is small or the assets are jointly held (such as a shared bank account or property held as joint tenants), probate may not be needed. However, most financial institutions have asset thresholds, and larger or more complex estates typically require a grant of probate. It’s important to check with each institution involved.

To apply for probate, the executor must first publish a notice of intention to apply on the NSW Online Registry. After 14 days, they can submit the probate application to the Supreme Court, including the original will, death certificate, and an inventory of the deceased’s assets and liabilities. If the application is approved, the court issues a grant of probate, giving the executor legal authority to act.

The probate process in NSW typically takes between 4 to 8 weeks after the application is lodged, assuming there are no complications. However, delays can occur if documents are missing, if there is uncertainty around the will, or if someone contests the estate. It’s best to begin the process as soon as possible after the death and seek legal advice if needed.

Once probate is granted, the executor must collect and secure all estate assets, pay any outstanding debts or taxes, and then distribute the estate to the beneficiaries as outlined in the will. The executor must also keep detailed records, manage the estate’s finances, and act in the best interests of the beneficiaries. Depending on the estate’s complexity, these duties can take several months or more to complete.

If someone dies without a will, they are said to have died intestate. In this case, a close family member (usually a spouse or child) must apply for letters of administration, which gives them similar authority to an executor. The estate is then distributed according to a legal formula outlined in the Succession Act 2006 (NSW), which may not reflect the deceased’s personal wishes.

The costs associated with probate include a filing fee payable to the Supreme Court (based on the value of the estate), potential legal fees, and other administrative expenses such as valuation reports or accountant services. The executor can usually reimburse these costs from the estate once probate is granted. Legal assistance can help avoid delays or costly errors.

While it’s possible to apply for probate without a lawyer, the process can be complex—especially if the estate includes real estate, business interests, multiple beneficiaries, or if disputes are likely. A lawyer can help ensure that documents are correctly prepared and lodged, provide guidance on legal duties, and prevent costly mistakes or delays.

Key documents include the original will, the death certificate, an inventory of the deceased’s assets and liabilities, and an affidavit by the executor. You will also need a certified copy of the notice of intention to apply for probate and a summons for probate. Additional documentation may be required depending on the complexity of the estate.

A grant of probate is an official document issued by the Supreme Court that confirms the executor's authority to deal with the estate. Once the court reviews and approves the probate application, the executor receives the grant and can begin collecting assets, settling debts, and distributing the estate according to the will.

Yes. Probate may be delayed or refused if the will is unclear, improperly executed, suspected of being forged, or if there are competing wills. In such cases, the court may require further evidence or conduct a hearing. Additionally, someone may contest the will (via a Family Provision Claim), which can affect or delay the probate process.

This is a public notice that must be published on the NSW Supreme Court Online Registry website before lodging a probate application. It informs potential claimants or creditors that the executor intends to apply for probate and gives them time (usually 14 days) to respond before the application is submitted.

Probate is granted when there is a valid will and an appointed executor. Letters of administration are granted when there is no will, or when the named executor is unable or unwilling to act. Both give legal authority to manage and distribute the estate, but letters of administration follow intestacy rules rather than instructions in a will.

Generally, no. Most institutions will not release significant assets until probate has been granted. Distributing assets early can expose the executor to legal risks, especially if creditors or other beneficiaries later come forward. It’s important to wait until the grant of probate is issued before distributing the estate.

If multiple wills are found, the most recent valid will generally takes precedence. However, this can cause delays and legal disputes—especially if the documents conflict or raise questions about the deceased’s intentions. The court may need to examine the wills, assess their validity, and determine which one should be admitted to probate. Legal advice is crucial in such situations.