11 Frequently Asked Questions About Probate in NSW

Probate in NSW

Applying for the probate as early as possible is crucial to ensure the seamless transfer of assets to the beneficiaries. However, there can be doubts regarding obtaining the probate, starting with – how long does probate take in NSW (New South Wales) or elsewhere? With this article, we intend to clear the common doubts about obtaining the probate and solve your probate-related queries.

What Is Probate?

Probate is the permission issued by the supreme court of the particular jurisdiction authorising the validity of a Will. It designates the executor the authority to administer the deceased’s assets and transfer them to the beneficiaries.

If the court issues probate, the supreme court rules out any fraud, coercion, or deception and certifies the Will as valid.

Who Is an Executor?

An executor carries out the instructions in the Will according to the wishes of the deceased person. They are responsible for ensuring a seamless transfer of assets to the beneficiaries.

Why Is Probate Important?

Probate is essential to ensure that the Will of the deceased transfers to the beneficiaries without any hurdles. The asset holders of the deceased, such as a bank, share registry, nursing homes, land titles offices and other financial institutions, may require probate to release the assets and indemnify themselves.

Is Probate needed to Update the Certificate of Titles?

The Land Title Office in NSW will require the executor to present the probate in the following circumstances-

  • If the property was individually owned by the deceased
  • If the deceased was a ‘tenant-in-common’ for a property
  • If the deceased was a joint tenant, but the other person died before the deceased

When to Apply for Probate?

The executor must apply for the grant of probate within 6 months from the deceased’s death date. If you are thinking of how long does probate take in Victoria or NSW, it largely depends on how soon the executor applies for it.

If the executor applies for the grant of probate after 6 months of the death, it’s required to provide an adequate reason for delay.

How Long Does Probate Take In NSW?

How long does probate take in Victoria or NSW depends on the process and the efficiency of the person handling it.

The process to acquire probate in NSW begins with publishing an online notice with the Supreme court to declare the executor’s intention of filing for a grant of probate. After issuing the notice, the executor waits for a minimum of 14 days to lodge the application. After that, it may take 20 working days to process the application and get the probate.

In most cases, the Supreme court in NSW provides the grant of probate in 6 weeks. However, the requisitions by the court may delay the proceedings, so the executor must reach out to probate consultants who can adequately guide them to complete the process quickly.

Which Documents are Required to File an Application for the Grant of Probate?

The executor must present the following documents to apply for the grant of probate-

  • Original copy of the Will
  • Death Certificate
  • Documents testifying the deceased person’s property and liabilities

Where Can I Find the Will of the Deceased?

If the deceased’s immediate kin do not have the Will, one can reach out to the solicitor who made the Will. The safety deposit boxes at the bank may also have it. A thorough scan of the deceased person’s personal documents can help the executor lay hands on a valid Will. However, it’s notable that NSW doesn’t have a general depository of Wills, so the onus of finding the Will lies on the immediate family or executor.

Once the Will is with the executor, it becomes easy to know how long does probate take in NSW or Victoria.

How Do I Know if the Will Is Valid?

There are a few criteria to ensure that the Will is valid. These are-

  • The Will should be on the paper in writing
  • The deceased person must have signed on each paper of the Will
  • There must be signatures of 2 witnesses

However, if the Will doesn’t satisfy any of the above conditions, it is an ‘informal Will‘. Companies performing probate consultancy can help gain probate in such a situation, though the process may not be as quick.

How Long Does Probate Take In NSW if There Isn’t a Will?

Probate is the issue by the Supreme court of NSW that authorises the Will and helps the seamless transfer of assets. However, if there isn’t a Will, one cannot get the probate in such circumstances.

Who Has the Right to Keep the Last Will of the Deceased?

The executor has every right to the last Will of the deceased. If the solicitor holds the Will, they must hand it over to the executor. Also, the executor has all rights to decide how to proceed with the probate application. They may or may not opt for the solicitor’s services, even if it’s mentioned in the Will.

Concluding Words

The probate is an essential document that can help easily transfer the deceased person’s assets. However, it’s crucial to know about the application process so there are no hindrances and the executor can perform the duty efficiently. There are multiple consultancy services that can help to simplify the probate application process. All you need to do is find the best one and seek their help. It will ensure that all the operations happen error-free, and you can acquire probate at the earliest.

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