Hillwest Legal assists executors and families with probate applications and estate administration across the Hills District and Greater Western Sydney. When someone passes away, their estate usually needs to go through the probate process before assets can be transferred or distributed to beneficiaries. We guide executors through every step from filing the application with the Supreme Court of NSW to finalising the estate.
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How the probate process works in NSW
- Locate and verify the will. The first step is confirming that the deceased's will is the most recent and valid version. If the original cannot be found, the court may accept a copy under certain circumstances but this adds complexity to the application.
- Identify the estate's assets and liabilities. The executor compiles a full list of the deceased's assets (property, bank accounts, superannuation, investments, personal possessions) and liabilities (debts, loans, outstanding taxes). We help you gather the information needed.
- Publish the notice of intended application. Before filing, a notice of the intended application for probate must be published on the NSW Supreme Court's online noticeboard. This gives any interested parties the opportunity to lodge a caveat or objection.
- Prepare and file the probate application. We prepare the application for a Grant of Probate (or Letters of Administration, if there is no will) and lodge it with the Probate Registry of the Supreme Court of NSW. The application includes the original will, a death certificate, an inventory of assets and liabilities, and supporting affidavits.
- Grant of probate is issued. Once the court is satisfied, it issues the Grant of Probate. This is the legal document that confirms the executor's authority to deal with the estate's assets.
- Administer the estate. With the grant in hand, the executor can collect assets, pay debts and liabilities, sell property if needed, and distribute the estate to the beneficiaries according to the will.
- Finalise and distribute. Once all debts are paid, taxes finalised, and any property transfers or sales completed, the executor distributes the remaining estate to the beneficiaries and accounts for the administration.
When probate is required
The deceased owned real property. Land and property in NSW generally cannot be transferred or sold without a grant of probate or letters of administration.
Banks and financial institutions require it. Most banks will not release funds above a certain threshold (typically $50,000, though it varies) without sighting a grant of probate.
There are multiple beneficiaries. Where the estate needs to be divided between several beneficiaries, the grant provides the executor with clear legal authority to manage and distribute the assets.
There is no will (intestacy). If the deceased died without a valid will, someone needs to apply for Letters of Administration rather than a Grant of Probate. The process is similar, but the court appoints an administrator (usually the next of kin) instead of an executor.
The will is contested. If someone has lodged a caveat or intends to challenge the will, the probate process may be paused. We advise executors on how to manage contested matters and, where appropriate, can refer to specialist estate litigation practitioners.
Probate fees
Probate costs include our professional fees, court filing fees (which are set by the Supreme Court of NSW and vary based on the value of the estate), and any disbursements such as death certificate copies or title searches. We provide a clear estimate of all costs before we begin. Our professional fees for standard probate applications are quoted at a fixed fee wherever possible.
Probate in the Hills District
Our Hills District office assists executors and families across the Hills District and Greater Western Sydney with probate applications and estate administration. Whether the deceased held property in the Hills District, assets spread across Sydney, or a straightforward estate with a single beneficiary, we manage the process from application to distribution.
Frequently asked questions about probate
Related services
- Will and power of attorney Ensure your own will is up to date.
- Property transfer Transferring property from a deceased estate.
- Sale conveyancing Selling property as part of estate administration.
The information on this page is general in nature and does not constitute legal advice. For advice specific to your circumstances, please contact us directly.