What is probate?
Probate is the name of a court order that is granted by the Supreme Court of NSW. Being granted probate confirms that:
- the will is valid
- the executor has permission to distribute the estate according to the will
You might not need to go through probate if the person died without owning property and only had small amounts of money to their name.
Applying for a grant of probate
To submit an application for a grant of probate, you will need to follow a process that includes:
- gathering supporting documents
- publishing a probate notice
- waiting 14 days
- submitting a probate application
- responding to Requisitions from the court
All of these things will need to be done with the NSW Supreme Court.
If an application for probate is filed after 6 months from the date of death of the deceased, an explanation must be given to the court accounting for the delay.
Time it takes for a grant of probate
If the court documents are completed accurately, grants of probate can take up to 20 working days.
Probate will take longer if the court documents are not complete or unclear.
In this case, the Supreme Court will ask for more information and process the grant of probate when the information is complete.