From the initial application to proving the Will’s validity, applying for probate is a lengthy legal process. But with expert guidance and the right documents, it will be an easy ride. So, you secure the necessary documents, and with this blog, our team will offer the guidance you need.
To help you get versed with the entire probate procedure in NSW, we have provided a quick and complete overview. Stick through and find answers to questions like how to apply for probate, how long probate take in NSW, documents you need for probate application, etc.
Let’s get started.
What is Probate, and How to Apply for it?
A probate is a legal document sanctioned by the Supreme Court that confirms a Will’s validity and permits its legal execution. Once probate is acquired, the executor (legal representative of the deceased) can begin to divide the property, assets, or estate as per the Will of the deceased. Probate is required for any Will to be legally binding and is meant to prevent any falsification.
The executor named in the Will has to submit a probate application. As per the requirements of the supreme court, the executor has to apply for a grant of probate at the Supreme Court of NSW within 6 months of the death of the testator. In case of delay, you can submit a request with a valid reason, and it would be subject to the approval of the Supreme Court.
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You can submit a probate application at the official website of Supreme Court NSW. But before you submit a probate application, you have to publish a probate notice, also called a notice of intended application, on the NSW Online Registry website. This procedure involves:
- Creating an account at the NSW Online Registry Website.
- Acquiring and submitting all the required information, including name, address, asset list, Will of the deceased and the name of the executor.
- Submitting the publishing fees.
You can also undertake the procedure offline by filling out the form and submitting the fees at the Supreme Court Registry in person or by post.
After 14 days, you can submit the probate application while providing all the required documents.
How Long Does Probate Take in NSW?
The basic timeline for probate in NSW is one week from the day you submit all the required documents and forms. But depending on the waiting list, it may take 2-3 weeks. Also, including the 14 days waiting period after the publishing of probate notice, it will take a minimum of 21 days for complete probate approval.
To avoid unnecessary delays, make sure to cross-check the information for any errors.
Forms for Probate Application
For probate applications, you must submit all the required forms, supporting documents and correct details. You can secure a copy of all the required forms from:
- The Supreme Court of New South Wales registry
- Uniform Civil Procedure Rules (UCPR) website.
Note that you have to fill these forms with utmost caution and precision because the probate application won’t be approved in case of any discrepancies and falsification.
To submit a probate application, you need to fill out the following forms:
- Summons for Probate (Form 111)
- Grant of Probate (Form 112)
- Inventory of Property (Form 117)
- Affidavit of Executor (Form 118)
These forms will cover all the information regarding the testator, their estates and the executor. Make sure to collect all the necessary information and fill it in correctly.
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Document Checklist for Probate Application
Apart from the required forms, you will need to have the below-mentioned documents in place before you can apply for probate. In the absence of any of these documents, you won’t be able to proceed with the probate application.
- The Original Will
- Codicils, if any (a legal document written by the deceased that amends the original Will.)
- The Original Death Certificate
Note that the supreme court has full authority to demand additional documents before approving the application. So, always be prepared with documents that can support your claim.
To Sum Up
A probate application is a lengthy but simple procedure if you have all the right documents and information. In case of any errors, the Supreme Court of NSW will send a requisition form clearly explaining the issues and rectification procedure. Such issues can lead to a delay, so make sure to submit the correct details in the first go.
For a quick and easy probate approval, we recommend you seek the assistance of experienced probate consultants and streamline the entire process.
Thomas Jackson is a dynamic and talented content writer at WonderWorldSpace.com, renowned for his engaging and informative articles. Beyond his professional pursuits in writing, Jack is also known for his deep passion for fitness, which not only shapes his lifestyle but also influences his work.