What is Probate and is it needed when I die?

Posted on December 18th, 2015

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by Lana Black

Lana Black is a Solicitor at Mullane & Lindsay and is part of our Commercial & Property Law team.

Probate is an order of the Supreme Court formally appointing an executor under a will and authorising that person to administer the estate of a deceased person.

In order for Probate to be granted, the executor named in the Will of a deceased person must apply to the Supreme Court in NSW. This application requires the executor to prove a number of things including that the deceased person is deceased, the Will is the last will of the deceased person and the executor is the executor named in the Will. The executor must also provide additional details such as details of the beneficiaries of the Estate and the assets of the Estate.

The process of applying for Probate can be quite complex and requires careful consideration of the law and its application to the Will of the deceased person.

Probate will be required in any deceased estate where there is real estate which is an asset of the Estate. It will also usually be required where any individual asset of the Estate (for example a bank account) has a value of approximately $15,000 or more. Without a grant of Probate, the executor will not have the power to administer the Estate and the assets of the Estate will not be released.

Lana Black is a Solicitor at Mullane & Lindsay and practises primarily in residential and commercial property transactions and estate planning and administration.  If you require any assistance in this area please contact Lana Black to arrange a consultation or contact our Newcastle office.

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