Probate is the process by which the Supreme Court of NSW formally recognises a will as valid and confirms the executor’s authority to administer the estate. It is generally required when the deceased held assets in their sole name, such as real estate, shares or significant bank accounts, that cannot be released without a grant. Probate and the administration of estates in NSW are governed by the Probate and Administration Act 1898. We guide executors and families from our offices in Newcastle, and act across NSW.
How we help
Obtaining a grant and administering an estate can be daunting at a difficult time. We:
- Advise whether probate is actually required for the estate.
- Prepare and lodge the application for a grant of probate or letters of administration.
- Guide the executor through gathering assets, paying debts and distributing the estate.
- Help resolve the problems that arise, such as home-made wills, missing documents or beneficiary disputes.
Why executors choose Mullane Lindsay
Our wills and estates team is led by Cavelle Lindsay. The firm has assisted Hunter families with estates since 1976, and we take the time to explain the process so you know what happens and when.
How long does probate take, and what does it cost?
In straightforward cases a grant can issue within about four to eight weeks of lodging, after the required notice period (usually at least 14 days from publishing the probate notice) has passed. Complex estates take longer. Costs include the Court filing fee (set on a sliding scale based on the value of the estate), the publication fee and legal fees, and are generally paid from the estate rather than by the executor personally.
