Probate and Estate Administration in New South Wales (NSW)

In NSW, when a person dies leaving assets, their estate must go through the probate and administration process. This involves:

1. Obtaining a grant of probate or letters of administration from the Supreme Court of NSW.
2. Collecting and securing the deceased’s assets.
3. Paying any outstanding debts and liabilities of the deceased.
4. Distributing the remaining assets to the beneficiaries according to the will or the laws of intestacy.

Probate is required when the deceased left a valid will. The executor named in the will must apply to the Supreme Court for a grant of probate, which confirms their authority to administer the estate according to the will’s instructions.

If the deceased did not leave a valid will, an eligible person (usually the next of kin) must apply for letters of administration. This grants them the legal authority to administer and distribute the estate according to the laws of intestacy.

The probate and administration process involves various legal requirements, including publishing notices, preparing affidavits, and providing inventories of assets. The executor or administrator must also ensure that all debts and taxes are paid before distributing the remaining assets to the beneficiaries.

It’s crucial to seek legal advice and assistance from experienced professionals to navigate the complexities of probate and estate administration, ensuring compliance with NSW laws and minimizing the risk of disputes or challenges.