What is the Probate Process in NSW and ACT?

Probate is a legal process through which a deceased person’s will is validated and their estate is administered according to their wishes. In New South Wales (NSW) and the Australian Capital Territory (ACT), the probate process has some specific procedures and requirements.

 

Probate in NSW

1. Definition and Purpose

Probate is the court’s approval that a will is valid and that the executor named in the will and has the authority to manage and distribute the deceased’s estate according to the will’s instructions.

2. Applying for Probate:

To apply for probate in NSW, you need to file a probate application with the Supreme Court of NSW.

3. Requirements:

• The application must be made within six months of the deceased’s death.
• You must provide the death certificate and an affidavit detailing the estate’s assets and liabilities.
• The Court will review the application and, if everything is in order, grant probate. The Registrar of the Court does have the discretion to request further information.

4. Fees:

• There are fees associated with applying for probate, which are based on scale depending on the estate’s value.

 

Probate in Canberra (ACT)

Like NSW, probate in the ACT is the process through which a will is officially recognised by the court, allowing the executor to manage and distribute the estate.

 

Applying for Probate:

The application for probate in the ACT is made to the Supreme Court of the ACT. This process involves filing a probate application form, the original will, and supporting documents.

Applications should be made within six months of the date of death.

One needs to provide a death certificate and an affidavit outlining the estate’s assets and liabilities.

The Supreme Court of the ACT will review the application and grant probate if all is in order.

 

Key Similarities and Differences

Procedure: Both jurisdictions follow a similar procedure involving the Supreme Court for granting probate, though specific forms and requirements may vary slightly.

Fees: While the general structure of probate fees is similar, the exact amounts and fee structures can differ between the two jurisdictions.

If you’re an Executor having to deal with obtaining a grant of probate, it’s often a good idea to consult with an Estate Lawyer who can guide you through the process based on the specifics of your case and local requirements. The team at Chamberlains are here to help guide you through the process. Were with you.