Are you an Executor named in the Will of a Deceased Person?
If you are an executor of an Estate as appointed by a person’s Will, you may need to obtain a Grant of Probate from the Supreme Court of New South Wales to be able to carry out your duties as Executor. It is not always necessary to obtain a Grant of Probate depending on the type, size and value of the deceased’s assets left in New South Wales.
A Grant of Probate obtained by the Supreme Court is a legal document granted to the Executor (or Executors) which authorises them to manage the Estate of the deceased in accordance with the Will. As an Executor of a person’s Estate, you are responsible for collecting the deceased’s assets, paying any liabilities owed by the deceased to any organisations or entities, and distributing the assets to the beneficiaries in accordance with the Will.
What if the Deceased Did Not Leave a Will or there is No Executor Available or Willing to Apply for Probate?
If the deceased did not leave a Will upon passing or the executor named in the person’s Will is unable or unwilling to act as executor by applying for a grant of probate, an interested person may be eligible to apply for Letters of Administration in the Supreme Court of New South Wales. A Grant of Letters of Administration appoints a person as administrator of the deceased’s Estate, who will then be able to manage and distribute the deceased’s assets.
There are two types of Letters of Administration:
It is mostly common for surviving spouses, children, parents, or beneficiaries named in the Will of the deceased person to apply for a Grant of Letters of Administration. Obtaining a Grant of Probate or Letters of Administration to manage the deceased’s affairs can be a complex process. It is important to obtain legal advice from a qualified and experienced Wills and Estates lawyer.
At Tajik Lawyers, our experienced Wills and Estates lawyers provide a range of services for persons dealing with the Estate of a loved one after they have passed away. This includes: