When someone passes away, their assets, including property, money, and investments, are distributed according to their will. The process of distributing these assets is called probate. In New South Wales (NSW), the Supreme Court of NSW oversees probate applications. If you are the executor of someone’s will, you will need to apply for probate to distribute their assets according to their wishes. In this article, we will guide you through the process of how to submit an application for probate in NSW without stress.
Step 1: Obtain the Death Certificate
The first step is obtaining the death certificate of the deceased. You can apply for the death certificate from the Registry of Births, Deaths, and Marriages. You will need the death certificate to prove the death of the deceased and to apply for probate.
Step 2: Locate the Will
The next step is to locate the will of the deceased. If the deceased had appointed a probate lawyer, they may have the original copy of the will. If not, you should search for the will in the deceased’s personal papers or hire a professional to help you locate it. Once you have the original will, make sure that it is valid and legally binding.
Step 3: File the Probate Application
The next step is to file the probate application with the Supreme Court of NSW. You can either do it yourself or hire one of the best probate lawyers in Newcastle to help you with the process. The probate application includes the death certificate, the original will, and other documents required by the court. You will need to pay a fee to file the application.
Step 4: Wait for the Grant of Probate
After filing the probate application, you will need to wait for the grant of probate from the Supreme Court. This can take several weeks to several months, depending on the complexity of the estate. Once the grant of probate is issued, you will have the legal authority to distribute the assets.
Step 5: Distribute the Assets
The final step is to distribute the assets according to the deceased’s wishes. This may involve selling the assets, paying off any debts, and distributing the remaining assets to the beneficiaries. You should keep accurate records of all the transactions and payments to ensure that you have fulfilled your obligations as the executor.
Submitting an application for probate in NSW can be a stressful and complicated process, but with the right guidance, it can be done without stress. Remember these points in order to avoid any difficulty.