Services
Probate & Estates
Probate & Deceased Estates
Losing a loved one is difficult. Dealing with the legal and practical steps that follow can feel overwhelming—particularly when there is property involved, multiple beneficiaries, or uncertainty about what needs to be done next.
We provide clear, practical assistance with probate applications and deceased estate administration in New South Wales.
What Is Probate?
Probate is a grant made by the Supreme Court of NSW confirming:
- that the Will is accepted as the deceased’s last valid Will, and
- that the executor named in the Will has authority to collect, administer and distribute the estate.
Probate is one type of “grant of representation”.
When Is a Grant Required?
A grant is not required in every estate. Whether a grant is needed depends on the type, value and ownership of the assets.
A grant is commonly required where, for example:
- the deceased owned real estate solely, or as tenants in common
- banks, share registries or other asset holders require a Court grant before releasing assets
- the estate is complex or there is a dispute
Where assets are held jointly (for example, as joint tenants), some assets may pass to the surviving joint owner by survivorship, although paperwork may still be needed to update records and title.
Letters of Administration (When There Is No Will)
If the deceased died without a valid Will (intestate), an eligible person may need to apply to the Supreme Court of NSW for Letters of Administration.
Letters of Administration give the appointed administrator authority to manage and distribute the estate in accordance with the intestacy rules under the Succession Act 2006 (NSW).
Letters of Administration with the Will Annexed
If there is a valid Will but no executor is able or willing to apply (for example, the executor has died, renounced, or was not appointed), an application may be made for Letters of Administration with the Will Annexed.
This allows the estate to be administered in accordance with the Will, but by an administrator appointed by the Court.
How We Can Help
We can assist executors, administrators and families with:
- identifying the correct pathway (probate, letters of administration, or letters of administration with the Will annexed)
- preparing and lodging applications for a grant of representation (including supporting affidavits and documents)
- responding to requisitions (requests for further information) from the Probate Registry
- advising whether a grant is likely to be required for particular assets
- administering the estate after the grant, including collecting assets, paying liabilities, and preparing for distribution
- deceased estate property matters, including transmission applications and transfers to beneficiaries (where required)
- liaising with beneficiaries, financial institutions and other stakeholders
Disputed Estates and Claims
If there is conflict or uncertainty, we can advise on options and next steps. This may include:
- disputes about the validity of a Will (for example, capacity or execution issues)
- disputes about who should apply for or act in the estate
- family provision applications under Chapter 3 of the Succession Act 2006 (NSW) (including time limits and eligibility)
What to Do First
If you are dealing with a death in the family, practical early steps often include:
- locating the original Will (if any)
- obtaining the death certificate (or understanding what can be done while waiting for it)
- preparing an initial list of assets and liabilities
- identifying how assets are owned (solely, jointly, or as tenants in common)
We can guide you through what is required and what can wait.
Get in Touch
To discuss probate or deceased estate administration, contact our office.
Phone: (02) 4441 5916