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  • Writer's pictureMelanie Palmer

How do I obtain a Grant of Probate?

To obtain a Grant of Probate in New South Wales (NSW), Australia, you need to follow a series of steps outlined below:

  1. Confirm Eligibility: Ensure that you are eligible to apply for probate. Typically, the executor named in the will is eligible to apply. If there is no executor appointed or if the named executor is unwilling or unable to act, an eligible person, such as a beneficiary or another suitable individual, can apply.

  2. Gather Required Documents: Collect the necessary documents to support your application for probate. These commonly include:

    • Original will: The original signed and witnessed will of the deceased.

    • Death certificate: Obtain an official death certificate from the Registry of Births, Deaths, and Marriages in the relevant state or territory.

    • Executor's identification: Provide proof of your identity, such as a passport or driver's license.

    • Assets and liabilities: Compile a comprehensive list of the deceased's assets, liabilities, and financial information.

    • Other supporting documents: Depending on the complexity of the estate, you may need additional documents, such as property deeds, investment statements, and bank account details.

  1. Complete the Probate Application Form: Fill out the application form for probate. In NSW, the form is known as "Probate Notice of Intended Application" (Form P1). This form is available on the Supreme Court of NSW website.

  2. Lodge the Application: Submit the completed application form, along with the supporting documents, to the Supreme Court of NSW. You can lodge the application in person at the Probate Registry or send it by mail.

  3. Pay the Probate Fee: Pay the required probate fee, which is based on the value of the estate. The current fee schedule can be found on the Supreme Court of NSW website. The fee is payable at the time of lodging the application.

  4. Publish the Notice of Intended Application: Once you have lodged the application, you must publish a notice of your intended application for probate. This notice should be published in the NSW Online Registry and in a newspaper circulating in the area where the deceased lived. The notice provides an opportunity for any interested parties to come forward with any objections or claims against the estate.

  5. Await Grant of Probate: After lodging the application and publishing the notice, you will need to wait for the Supreme Court of NSW to process your application. The court will review the documents and, if satisfied, issue the Grant of Probate.

  6. Collect the Grant of Probate: Once the Grant of Probate is issued, you can collect it from the Supreme Court of NSW or request it to be posted to you. This document confirms your authority to administer the estate.

It's worth noting that the probate process can be complex, especially for larger or more complicated estates. If you're unsure about any aspect of obtaining probate, it is advisable to seek professional advice from a lawyer or a specialist in estate administration to guide you through the process and ensure compliance with the relevant laws and regulations. Contact Palmer Legal so we can start helping you now.

Please note that this is not intended to be legal advice, rather general information or creating a retainer agreement with Palmer Legal. For legal advice specific to your needs please contact Palmer Legal on or +61 2 4869 1392.

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