Question 1

Do I need Probate in NSW?

Accepted Answer

Probate is generally required when the deceased owned real estate solely in their name or when banks, financial institutions or other asset holders require a Grant of Probate before releasing assets. We can review the estate and advise whether Probate is necessary.

Question 2

Who can apply for Probate?

Accepted Answer

Usually the Executor named in the Will applies for Probate. Where multiple Executors are named, they may apply together or, in some circumstances, one Executor may apply alone.

Question 3

How much does Probate cost in NSW?

Accepted Answer

Most traditional law firms will charge a fee based on a scale of the value of the Estate. At Legion Legal, standard Probate matters are offered on a fixed fee from $2,970 plus applicable court filing fees and verification of identity costs. More complex matters are quoted separately following an initial review.

Question 4

What documents are needed for Probate?

Accepted Answer

Generally, the following documents are required:Original WillDeath CertificateIdentification for the DeceasedIdentification for the ExecutorDetails of estate assets and liabilitiesAdditional documents may be required depending on the circumstances.

Question 5

What if the original Will cannot be found?

Accepted Answer

Missing original Will matters can be more complex. The Court may require additional evidence before allowing an application to proceed. We can advise you on the available options based on your circumstances.

Question 6

How long does Probate take in NSW?

Accepted Answer

Most Probate applications in NSW take approximately 6-12 weeks from the time all required documents are provided and the application is lodged. Timeframes may vary depending on Supreme Court processing times and whether additional information is requested.

Question 7

Can Probate be obtained without a lawyer?

Accepted Answer

Yes. Executors can apply for Probate themselves. However, the process involves strict Supreme Court requirements, prescribed forms, advertising obligations and supporting documents. Many Executors choose a Probate lawyer to reduce delays and minimise the risk of errors.

Question 8

What is the difference between Probate and Letters of Administration?

Accepted Answer

Probate is obtained when there is a valid Will and an Executor is appointed. Letters of Administration are generally required when there is no Will or no Executor able to act. We can asisst in both circumstances.

Question 9

What happens after Probate is granted?

Accepted Answer

After Probate is granted, the Executor can usually collect estate assets, pay debts and distribute the estate to beneficiaries in accordance with the Will. Legion Legal also offer Executor Assistance services separately, if required.

Question 10

Can I sell a property before Probate is granted?

Accepted Answer

In many circumstances, a contract for sale may be entered into before Probate is granted. However, settlement generally cannot occur until Probate has been obtained and the Executor has authority to deal with the property.

HELP WHEN YOU NEED IT MOST

HELP WHEN YOU NEED IT MOST

Separation & Divorce

Property Settlements

Consent Orders

Binding Financial Agreements

Parenting Disputes