What is Probate?
The executor of an estate may apply to the Supreme Court of NSW for a Grant of Probate of the deceased’s last Will, in order to gain the authority to carry out their duties as executor
The Grant of Probate is proof that the person named in the Grant is entitled to handle the assets, on the Grant of Probate all assets of the deceased are vested in the name of the executor.
Once Probate has been obtained, asset holders (such as the Banks, Financial Institutions, Land & Property Management, Aged Care Facility or Share Registry) will release or transfer the deceased’s assets into the executor’s name so that the executor may go about his or her duties.
An application for a Grant of Probate must be in the prescribed form and satisfy the Supreme Court of NSW that the Probate and Administration Act (NSW) and Supreme Court Act (NSW) have been complied with.