Dealing with the death of a loved one is a difficult enough experience without having to navigate the complexities and legal formalities of obtaining a grant of probate from the Supreme Court of New South Wales. If you are an executor tasked with obtaining a grant of probate, feeling overwhelmed and confused while navigating this process without assistance is common.
What is probate?
A ‘Grant of Probate’ is the official recognition by the Supreme Court that a Will is legally valid. You may need to get a ‘Grant of Probate’ before you can legally deal with any assets under a deceased person’s Will although probate is not required for all deceased estates, for example, in cases where the asset value of the estate is low, or the assets are owned jointly.
What is the usual timeframe?
In NSW, it will usually take 20 days to process your application for probate. However, responding to a ‘requisition’ (requests for additional information to process your application) will lead to the assessment process taking considerably longer. If you receive a requisition, it can take an additional 20 days to process your response.
What factors could slow down the process?
Some factors which can slow down the process of obtaining a grant of probate include:
- Missing details in your application;
- An incorrectly lodged application because required documents are missing, or rules and procedures are not followed correctly;
- Incorrectly executed forms, and even an incorrectly signed Will which requires the assessor to consider an ‘informal will’;
- A complex application due to the personal circumstances of your loved one, a dispute or the type of property involved;
- Losing the original Will and lodging a copy of the Will; and
- Marks, creases, hand-written notes or damage to the Will.
Failing to anticipate and respond to any of these issues before you lodge your application will cause you easily avoidable delays and stress.
What can you do to ensure this process goes smoothly?
These issues are all easily avoidable with the help of an experienced professional who can guide you through this process. In our experience, having an application prepared properly and in accordance with the various rules and formalities can greatly speed up this process.
If you are unsure of the process to lodge an application for a grant of probate or feel overwhelmed at the prospect of making this application, please do not hesitate to contact Andreyev Lawyers on 1300 654 590. We know you want to get the paperwork out of the way as easily and stress-free as possible. For a fixed fee, we have helped hundreds of people seamlessly navigate their way through this process so you can regain control and carry out your loved one’s wishes.