THE PROBATE PROCESS

When someone passes away, the Executor appointed under their Will is required to manage, administer and distribute the Estate. Generally, the Executor will need to apply to the Supreme Court to obtain a Grant of Probate, however a formal Grant from the Court is not required in all situations.

WHAT IS PROBATE

Probate is a Grant obtained by the NSW Supreme Court to confirm that the last Will of the deceased is a valid Will. A Grant of Probate also provides the Executor appointed in the Will the legal authority to administer, dispose of and distribute the Estate of the Deceased person in accordance with the Will.

THE PROCESS

In all cases, the Probate process is the same, however the more complex an Estate is will result in additional steps along the way. A high-level overview of the Probate process is:

STEP 1: File an application with the NSW Supreme Court for a Grant of Probate.

STEP 2: Receive the Grant of Probate from the NSW Supreme Court.

STEP 3: Realise all assets and pay all creditors.

STEP 4: Distribute the Estate to the Beneficiaries.

YOUR NEXT STEPS

The Probate process can become overwhelming and as the Executor, you need to allocate time to ensure you have properly managed, administered and distributed the Estate. VIVMAR Lawyers can take the stress out of this process and handle the whole Probate process for you.