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Probate is a court order made by the Supreme Court of NSW which confirms that the will of the deceased is valid and gives permission to the executor to distribute the estate as described in the deceased person’s will.
If you are an executor named in a will you must apply for probate if there is real estate owned in the deceased’s sole name or as tenants in common with another person, or if any asset in the estate cannot be transferred without probate. The deceased’s property cannot be distributed until you apply for and are granted probate by the Supreme Court of NSW.
Depending on the type, size and value of the assets located in New South Wales it may not be necessary to obtain a grant of probate in New South Wales. There is no statutory requirement to obtain probate in every case. Some asset holders will often release smaller amounts without the need for probate to be obtained.
There are a number of steps you must take before the court will grant probate:
Publish a probate notice
Wait 14 days
Make a probate application
Respond to Requisitions from the court
After the grant, if there are no problems with your application and documents, and after any requisitions are finalised, probate should be granted.
If a person dies without leaving a Will, then the authority to deal with the estate is not obtained with a Grant of Probate, but with a Grant of Letters of Administration.
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