Applying for probate can be a complicated process, which is why you should appoint an experienced probate solicitor from Lawpoint to assist. There are technical legal requirements in obtaining a grant of probate, which if not met can mean that the application is refused. 

The word “probate” itself refers to the application for probate submitted to the Supreme Court of New South Wales by an executor(s) specified in a deceased’s Will. You must first be granted probate before an executor of a Will is legally entitled to administer the deceased’s estate and distribute it to beneficiaries. 

If someone dies without leaving a Will, this is known as being intestate and requires an application for letters of administration. It is a similar process to applying for a grant of probate, but does have some important differences. An application for letters of administration is usually made by the deceased’s next of kin. The first step is to determine whether the deceased left a valid Will. This often involves making comprehensive inquiries and investigations with previous lawyers used by the deceased, the person who signed the enduring guardianship application, and with the deceased’s relatives to try and locate a valid Will. 

In some cases, if the value of the estate is less than the small estate threshold, probate is not required. If you’re not sure if you need to make an application for probate, Lawpoint’s probate lawyers can help.

Where there is no valid Will of the deceased, a next of kin must apply for letters of administration. The applicant next of kin is given the authority by the Court to act as executor(s) and administer the estate.