What is a Grant of Probate?
Probate is an Order made by the Supreme Court of New South Wales authorising the Executor to deal with the assets of an Estate in accordance with the Will or Rules of Intestacy (where there is no Will).
When is Probate Required?
Probate is required if the Estate includes:
- Real Estate, and/or
- Bank Accounts, Shares or Superannuation Benefits with balances of over $15,000.00 (depending on the institution).
What if there is no Will?
Rules exist under the Succession Act that dictate how the Estate assets are to be distributed where there is no Will (‘Rules of Intestacy‘). Usually the spouse or next of kin will need to apply to the Court for the grant of Letters of Administration to authorise them to administer the Estate.
How should Funeral Expenses be paid?
If the deceased person holds money in a bank account the bank will typically release funds in the form of a cheque in favour of the Funeral Home in payment of funeral expenses on receipt of a tax invoice and Death Certificate without the need for Probate. This can occur within days of the Funeral service. We can arrange this for you if you prefer.
What if the Will is not held by Delaney Roberts Family Lawyers?
You do not need to go to the Solicitor who currently holds the Will for assistance in relation to administering the deceased person’s estate. We can uplift the Will from the Solicitor holding it at no extra charge.