Probate for Wollongong
Probate is the process of formally proving the last will of a deceased person. When a person dies with assets located in New South Wales the Probate application can be lodged through the Supreme Court of New South Wales. If the person died without a Will it will be necessary to file an application for Letters of Administration.
Do I need to apply for Probate?
Probate gives the executor of the Will the legal protection which comes from the Court approving the last will of the deceased person. If the executor acts to distribute an estate without obtaining Probate the executor may be held personally liable if a later will is discovered.
Apart from the legal protection which comes with obtaining Probate, often the person holding the deceased’s assets, such as a bank, aged care facility, or Lands NSW will not release the deceased’s assets unless Probate is obtained. In those circumstances the executor has no choice but to obtain the Grant of Probate.
What are the Costs to obtain Probate through Wollongong Wills & Estates?
Thanks for asking! It depends on a few factors, including how complex the estate is. Complete the form on this page and we’ll send you a no-obligation costing to obtain the grant of Probate or Letters of Administration.
How long does Probate take?
Because Probate is an application before the court this will depend on the following factors:
1. How quickly you start the application;
2. Whether the application is complete and correct; and
3. The court’s processing times.
We can commence your probate application the same day we receive instructions from you.
Because of our experience we also know how to prepare your application to reduce the likelihood of the application being rejected or requisitioned, which avoids the delay with having to restart the process or go back in the queue.
The court’s current processing times for simple applications is roughly two months after lodgment of a complete application.
How do I start Probate?
Complete the form on this page to get started with your Probate application by receiving a no obligation costing from Wollongong Wills & Estates.
You can speed up the process by having the following information / documents ready:
- Copy of the Will.
- Copy of the Death Certificate.
- List of estate assets (including bank accounts, shares, real estate) and their values (estimate the value if not yet known).
- Full legal names of executors and beneficiaries (sometimes the name on the will may be incorrect or outdated during to marriage).