Estate Administration & Probate
DECEASED ESTATE & PROBATE LAWYERS
PARRAMATTA, SYDNEY & NSW
We guide Executors and Administrators through the probate process, (or Letters of Administration if appropriate) , by advising them on their obligations, helping them determine the deceased’s assets and liabilities, publishing probate notices, drafting and filing probate documents and obtaining the Grant of Probate.
We also help in implementing the terms of the Will, or distribute the estate as set out in the legislation if there is no Will.
We also advise and assist executors and trustees should there be any estate disputes or claims made against the estate.
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UNSURE ABOUT WHAT YOU NEED?
If a loved one passes away leaving a Will, there is a process in NSW where the purported Will is authenticated by a process called GRANT OF PROBATE.
There is a similar process required if there is not a Will and that is called obtaining LETTERS OF ADMINISTRATION. If there is no Will (known as dying Intestate), or there is no Executor, or it is determined that the Will is invalid, then instead of applying for Probate, there must be an application for Letters of Administration instead.
For information specific to Letters of Administration, click here.
For more information about probate, read on below.
WHAT IS A GRANT OF PROBATE?
In New South Wales, a Grant of Probate is a Court Order made by a judge of the Supreme Court of New South Wales that authorises the Executor/s of an estate to administer and distribute the estate of a deceased person in accordance with their Will.
The process is to determine if the Will is legally valid or invalid. While for most people that is a difficult concept to grasp, the law has some very specific rules about whether what is written in any Will can be followed exactly as it has been documented, or whether there are some laws, specific to the state or territory the deceased resided in, that may alter how the estate is to be distributed.
HOW TO APPLY FOR
A GRANT OF PROBATE
While you can apply for Probate without the assistance of a probate or estates lawyer, seeking the assistance of experienced lawyers like those on our team make the process far easier and often, a faster process as well.
If you would like assistance in applying to the Supreme Court of New South Wales for a Grant of Probate, or other states and territories of Australia, our team can assist.
WHERE TO APPLY FOR PROBATE
If the deceased was a resident of New South Wales, then probate must be applied for with the NSW Supreme Court. If they resided in another state or territory of Australia, then probate must be applied for in that state or territory. Where the deceased resided outside of New South Wales, our team can assist with probate matters Australia-wide.
HOW TO APPLY FOR A GRANT OF PROBATE IN NSW
In New South Wales, there is a four-step process which you, the Executor of the estate, needs to follow to successfully apply for a Grant of Probate.
Here is a guide about what you can expect from the process:
STEP 1:
IDENTIFY THE DECEASED’S ASSETS AND LIABILITIES
The first step is for the Executor of the estate, to determine all of the assets and liabilities the deceased had. While many people believe they are aware of all of the assets and liabilities, it is very common for us to help people discover what has been overlooked.
We assist many individuals and families with this by undertaking searches with relevant authorities.
STEP 2:
PUBLISH A NOTICE OF INTENDED APPLICATION FOR PROBATE
Next, you as the Executor or next of kin will be required to publish a Notice of Intended Application for Probate via the NSW Courts online registry We are able to do this on your behalf.
After you publish the notice, you must wait at least 14 days before filing an Application for Probate with the Court.
STEP 3:
DRAFT THE PROBATE DOCUMENTS
After 14 days have passed since the publication of the Notice of Intended Application for Probate, you are required to prepare the following documents:
- Grant of Probate – Form 112;
- Summons for Probate – Form 111;
- Inventory of Property – Form 117; and
- Affidavit of Executor – Form 118.
Drafting these documents is not straightforward. We recommend instructing a lawyer to prepare them for you. This will reduce the prospect of the Court issuing a requisition (a request for additional or additional information) on your application because of an omission or mistake, adding time to the process.
If the deceased resided outside of New South Wales, our team can assist with probate matters Australia-wide.
STEP 4:
LODGE PROBATE DOCUMENTS IN THE SUPREME COURT
The final step in the Probate process is for the Executor to file the original Will, any Codicil/s (valid documents amending the original Will together with the Summons for Probate, Grant of Probate and Affidavit of Executor (with the Death Certificate and Inventory of Property attached) in the Supreme Court of New South Wales. If the estate is over the sum of $100,000, a filing fee will need to be paid, which varies from state to state.
We understand that it can be difficult to make a decision about selecting the right people to help you which is why we would like to make it a bit easier for you.
If you decide to work with us after your initial appointment, we will credit the cost of the appointment towards your fees, essentially making your initial consultation free.
This is our way of demonstrating our commitment to providing excellent service. We also offer fixed fees for some services as well as convenient payment options. Ask us for more information about these options in your first meeting. We look forward to assisting you.
WHEN DOES AN APPLICATION FOR GRANT OF PROBATE NEED TO BE FILED BY?
The Executor must file an application for grant of probate within six months of the deceased’s death.
FEES
Obtaining first-time Grant of Probate
To assist with an Application for Probate or an Application for Letter of Administration, we charge professional fees as set out in the Legal Profession Uniform Law Regulation 2015. That sets out the maximum costs that lawyers may charge in these types of applications. As at 1 July 2022, these are as follows:
| Disclosed value of assets | Costs payable |
|---|---|
| Not exceeding $30,000 | $560 Plus $13.33 for each $1,000 up to $30,000 |
| Exceeding $30,000 but not exceeding $150,000 | $960 Plus $5.90 for each $1,000 in excess of $30,000 |
| Exceeding $150,000 but not exceeding $1,000,000 | $1,670 Plus $4.47 for each $1,000 in excess of $150,000 |
| Exceeding $1,000,000 but not exceeding $3,000,000 | $5,470 Plus $1.66 for each $1,000 in excess of $1,000,000 |
| Exceeding $3,000,000 but not exceeding $5,000,000 | $8,800 Plus $1.10 for each $1,000 in excess of $3,000,000 |
| Exceeding $5,000,000 but not exceeding $10,000,000 | $11,000 Plus $0.90 for each $1,000 in excess of $5,000,000 |
| Exceeding $10,000,000 | $15,500 |
We are happy to match any fixed fee offer you receive from a solicitor with similar qualifications and years of experience as our own head of Wills, Probate & Estate division, Wadia Mansour.
WADIA MANSOUR
If the deceased was a resident of New South Wales, then probate must be applied for with the NSW Supreme Court. If they resided in another state or territory of Australia, then probate must be applied for in that state or territory. Where the deceased resided outside of New South Wales, our team can assist with probate matters Australia-wide.
There are court filing fees, also set out in the legislation which as at 1 July 2022 are Summons for Probate/Administration/Reseal.
NOTE: Fees calculated on the gross value of the NSW assets only
A written estimate of our fees will be provided before you use us.
| Summons | Fees |
|---|---|
| Probate (less than $100,000) | nil |
| Probate ($100,000 or more, but less than $250,000) | $802.00 |
| Probate ($250,000 or more, but less than $500,000) | $1,088.00 |
| Probate ($500,000 or more, but less than $1,000,000) | $1,669.00 |
| Probate ($1,000,000 but less than $2,000,000.00) | $2,224.00 |
| Probate ($2,000,000 or more but less than $5,000,000.00) | $3,707.00 |
| Probate ($5,000,000 or more) | $6,179.00 |
HOW LONG DOES PROBATE TAKE IN NSW?
The process can take as little as around 12 weeks from start to finish with the support of an experienced probate lawyer. Without that support, it may take far longer, especially if the Court determines there is insufficient information included within the application.
Often the Executor is a spouse or close family member, relative or friend to the deceased , so coupled with the grief and existing stress, this can be another unnecessary hurdle they need to overcome. And, if there are disputes or family provision claims to manage, in addition to the distribution of the estate, it is often helpful to have had support early to make the process as smooth and time efficient as possible.
Click here see the current processing times for probate applications in NSW.
WHAT HAPPENS AFTER THE PROBATE IS GRANTED
Once probate is granted, the executor needs to implement the terms of the Will.
We are able to assist you with the process from start to finish.
Our fees are charged to you based on the solicitor’s hourly rate.
A written fee estimate will be provided to you before you retain us so that it is very clear for you what the fees and expenses will be.
PROBATE LAWYERS
PARRAMATTA, SYDNEY, NSW & AUSTRALIA WIDE
Our team understands the gravity of the circumstances of losing a spouse, partner, parent or friend and the responsibility that this role you are taking on, involves. We consider it our pleasure to be able to assist and support you through the probate and estate administration processes. We invite you to reach out to our team and book an initial appointment.
LETTERS OF ADMINISTRATION
WHAT ARE LETTERS OF ADMINISTRATION?
When a deceased has left no Will, or a Will could not be found, or when the Will does not stipulate who the executor is then an application is made to the court for the appointment of an “ administrator “ who acts like the executor in the Will.
When the court makes the order for Letters of Administration, the administrator will identify the assets and liabilities of the deceased and will distribute in accordance with a schedule set out in the Succession Act.
WHERE TO APPLY FOR LETTERS OF ADMINISTRATION
If the deceased was a resident of New South Wales, then letters of administration must be applied for with the NSW Supreme Court. If they resided in another state or territory of Australia, then probate must be applied for in that state or territory. Where the deceased resided outside of New South Wales, our team can assist with these matters Australia-wide.
HOW TO APPLY FOR LETTERS OF ADMINISTRATION IN NSW
In New South Wales, there is a four-step process to follow to apply for Letters of Administration.
Here is a guide about what you can expect from the process:
STEP 1:
Prepare your documents
These includes birth, death, marriage and divorce certificates as are applicable.
STEP 2:
Get the forms from the Supreme Court NSW website
(or other state supreme court)
- Summons for Administration
- Grant of Administration
- Inventory of Property
- Affidavit of Applicant for Administration
- Affidavit that deceased was not in a defacto relationship
- Consent to administration
STEP 3:
Fill in the Forms above.
STEP 4:
Obtain consents from other entitled people who are to consent to your appointment (or another’s appointment) as the administrator.
STEP 5:
Attach your documents to the Affidavit (see the documents above).
STEP 6:
Lodge your application with the Supreme Court of NSW – There is a filing fee involved depending on the dollar value of the estate.
We understand that it can be difficult to make a decision about selecting the right people to help you which is why we would like to make it a bit easier for you.
If you decide to work with us after your initial appointment, we will credit the cost of the appointment towards your fees, essentially making your initial consultation free.
This is our way of demonstrating our commitment to providing excellent service. We also offer fixed fees for some services as well as convenient payment options. Ask us for more information about these options in your first meeting. We look forward to assisting you.
While you can apply for Probate without the assistance of a probate or estates lawyer, seeking the assistance of experienced lawyers like those on our team make the process far easier and often, a faster process as well.
If you would like assistance in applying to the Supreme Court of New South Wales for a Grant of Probate, or Letters of Administration other states and territories of Australia, our team can assist.
We understand that it can be difficult to make a decision about selecting the right people to help you which is why we would like to make it a bit easier for you.
If you decide to work with us after your initial appointment, we will credit the cost of the appointment towards your fees, essentially making your initial consultation free.
This is our way of demonstrating our commitment to providing excellent service. We also offer fixed fees for some services as well as convenient payment options. Ask us for more information about these options in your first meeting. We look forward to assisting you.
WHEN DO AN APPLICATION FOR LETTERS OF ADMINISTRATION NEED TO BE FILED BY?
If you wish to apply for Letters of Administration, you must do so within six months of the deceased’s death.
FEES
To assist with an Application for a Letter of Administration, we charge professional fees as set out in the Legal Profession Uniform Law Regulation 2015. That sets out the maximum costs that lawyers may charge in these types of applications. As at 1 July 2022, these are as follows:
Obtaining Letters of Administration
| Disclosed value of assets | Costs payable |
|---|---|
| Not exceeding $30,000 | $560 Plus $13.33 for each $1,000 up to $30,000 |
| Exceeding $30,000 but not exceeding $150,000 | $960 Plus $5.90 for each $1,000 in excess of $30,000 |
| Exceeding $150,000 but not exceeding $1,000,000 | $1,670 Plus $4.47 for each $1,000 in excess of $150,000 |
| Exceeding $1,000,000 but not exceeding $3,000,000 | $5,470 Plus $1.66 for each $1,000 in excess of $1,000,000 |
| Exceeding $3,000,000 but not exceeding $5,000,000 | $8,800 Plus $1.10 for each $1,000 in excess of $3,000,000 |
| Exceeding $5,000,000 but not exceeding $10,000,000 | $11,000 Plus $0.90 for each $1,000 in excess of $5,000,000 |
| Exceeding $10,000,000 | $15,500 |
We are happy to match any fixed fee offer you receive from a solicitor with similar qualifications and years of experience as our own head of Wills, Probate & Estate division, Wadia Mansour.
WADIA MANSOUR
If the deceased was a resident of New South Wales, then probate must be applied for with the NSW Supreme Court. If they resided in another state or territory of Australia, then probate must be applied for in that state or territory. Where the deceased resided outside of New South Wales, our team can assist with probate matters Australia-wide.
There are court filing fees, also set out in the legislation which as at 1 July 2022 are Summons for Letters of Administration.
NOTE: Fees calculated on the gross value of the NSW assets only
| Summons | Fees |
|---|---|
| Probate (less than $100,000) | nil |
| Probate ($100,000 or more, but less than $250,000) | $802.00 |
| Probate ($250,000 or more, but less than $500,000) | $1,088.00 |
| Probate ($500,000 or more, but less than $1,000,000) | $1,669.00 |
| Probate ($1,000,000 but less than $2,000,000.00) | $2,224.00 |
| Probate ($2,000,000 or more but less than $5,000,000.00) | $3,707.00 |
| Probate ($5,000,000 or more) | $6,179.00 |
A written estimate of our fees will be provided before you use us.
HOW LONG DOES THE LETTERS OF ADMINISTRATION PROCESS TAKE IN NSW?
The process can take as little as around 12 -16 weeks from start to finish with the support of an experienced estates and probate lawyer. Without that support, it may take far longer, especially if the Court determines there is insufficient information included within the application.
Often the Executor is a spouse or close family member, relative or friend to the deceased, so coupled with the grief and existing stress, this can be another unnecessary hurdle they need to overcome. And, if there are disputes or family provision claims to manage, in addition to the distribution of the estate, it is often helpful to have had support early to make the process as smooth and time efficient as possible.
WHAT HAPPENS AFTER LETTERS OF ADMINISTRATION ARE GRANTED?
As indicated above, the administrator will need to pay out the estate in accordance with the schedule set out in the Succession Act which is summarised as follows:
ENTITLEMENTS UNDER INTESTACY
The following table summarises who is entitled to the deceased’s property when they die intestate (without a will). This is specific to the deceased having been a NSW resident.
| Where the deceased leaves… | Who is entitled |
|---|---|
| A spouse and child from the relationship | The spouse is entitled to the whole of the estate. |
| A spouse and child from a previous relationship. | The spouse is entitled to receive:
All of the deceased person’s children, including children from previous relationships and from the current spouse, whether they are from a previous relationship or from the spouse, are entitled to equal shares of the other half of the remainder of the estate. Children who are not legally the children of the deceased, for example step children, are not included. The spouse also has a ‘right to elect’ to acquire property from the estate. If you are the spouse and if you want to purchase property from the estate, you should get legal advice |
| More than one spouse | The spouses are entitled to equal shares of the estate. There may be more than one spouse if the deceased was married and had a de facto spouse or more than one de facto spouse. |
| Children only | The children are entitled to equal shares of the whole of the estate. This includes adopted children, but not step children. If a child of the deceased has already died leaving children (grandchildren of the deceased), the grandchildren are entitled to their parent’s share. |
| No spouse or children | The deceased person’s full and half blood brothers and sisters are entitled to equal shares of the whole of the estate. If the deceased person’s siblings died leaving children, then the deceased person’s nephews or nieces are entitled to the share their parent would have received in the estate. |
| No spouse, children, parents, brothers or sisters | The deceased person’s grandparents are entitled to equal shares of the whole of the estate. |
| No spouse, children, parents, brothers, sisters or grandparents | The deceased person’s full and half blood aunts and uncles are entitled to equal shares of the whole of the estate. |
| No spouse, children, parents, brothers, sisters, grandparents, aunts or uncles | The deceased person’s first cousins are entitled to share equally in the share that their parent would have been entitled to. |
| No spouse, children, parents, brothers, sisters, grandparents, aunts, uncles or cousins | The State government is entitled to the whole of the estate. |
LETTERS OF ADMINISTRATION LAWYERS PARRAMATTA, SYDNEY, NSW & AUSTRALIA WIDE
Our team understands the gravity of the circumstances of losing a spouse, partner, parent or friend and the responsibility that this role you are taking on, involves. We consider it our pleasure to be able to assist and support you through the deceased estate administration processes. We invite you to reach out to our team and book an initial appointment.