What is Probate?
Probate is simply the document provided by the Supreme Court of Australia confirming that the Executor named in the deceased person's Will is entitled to deal with the estate and carries out that person's wishes.
The Probate document will be required by organisations such as banks, share registries and the Department of Lands before these departments will close accounts or transfer assets.
What happens if the Deceased leaves an informal or an ambiguous Will?
New South Wales law allows informal documents to be admitted to Probate to uphold the intentions of the Deceased. It is also possible to make an application to the Court to obtain a proper interpretation of a Will which may be ambiguous.
What happens if there is no Executor?
In instances when there is no Executor to administer an Estate, such as when the Executor named in the Will has passed away or there is no Will, then you will need to make an application to the Supreme Court for Letters of Administration. This effectively allows the Court to appoint you as Administrator to then administer the Estate.
How long will it take to obtain a grant of Probate and distribute the Assets of the Estate?
In simple matters, it generally takes approximately two months to obtain Probate and distribute the Estate, assuming there are no delays such as difficulties contacting asset holders, Executors or Beneficiaries.