Probate & Estate Administration Lawyers

What is probate and estate administration?

Probate and estate administration are the legal processes used to deal with a person’s assets after they die.

In many estates, the executor named in the will needs to obtain a grant of probate from the Supreme Court of NSW. That grant confirms the executor’s authority to collect estate assets, pay debts and distribute the estate in accordance with the will.

Where there is no will, or where there is a will but no executor able to act, a different application may be required. This may include letters of administration or letters of administration with the will annexed.

Estate administration is the broader process of dealing with the estate. It can include collecting assets, selling or transferring property, paying liabilities, communicating with beneficiaries, keeping records, publishing notices and making distributions.

When do you need a probate lawyer?

You may need legal assistance if:

• you have been named as executor in a will;
• a family member has died without a will;
• the deceased owned real estate in NSW;
• a bank, share registry, insurer or retirement village requires a grant;
• there are multiple beneficiaries or potential family provision issues;
• an executor does not want to act;
• there is an interstate or overseas grant that needs to be recognised in NSW;
• there is uncertainty about whether the will is valid;
• beneficiaries are asking questions about timing, distribution or accounts.

Not every estate requires a grant. However, where a grant is required, mistakes in the application can cause delay, requisitions from the Court, difficulty dealing with estate assets, and unnecessary stress for the executor or family.

How Ridge Legal can help:

We assist with:

• grant of probate applications;
• letters of administration where there is no will;
• letters of administration with the will annexed;
• resealing interstate or overseas grants in NSW;
• executor advice and estate administration;
• advice about notices of intended distribution;
• estate property issues;
• beneficiary communications;
• advice before distributing estate assets;
• disputes involving executors, beneficiaries or estate claims.

We aim to make the process clear and manageable. You will deal directly with a solicitor who can explain what is required, what documents are needed, what risks need to be managed, and what steps should be taken next.

Common deceased estate matters we assist with:

Grant of probate

A grant of probate is usually required where the deceased left a valid will and the executor needs formal authority to deal with estate assets.

Letters of administration

Letters of administration may be required where the deceased died without a valid will.

Reseal of probate

A reseal may be required where probate or administration has already been granted in another state or country, but the deceased also had assets in NSW.

Executor advice

Executors often need advice about what they can and cannot do, when distributions can be made, how to respond to beneficiaries, and how to reduce personal risk.

What documents should you provide?

To help us assess the estate, it is useful to provide:

• the death certificate, if available;
• the original will or a copy of the will;
• details of any codicils;
• a list of known assets and liabilities;
• details of NSW real estate;
• details of beneficiaries;
• correspondence from banks, insurers, superannuation funds or retirement villages;
• any existing interstate or overseas grant.

Do not worry if you do not have everything yet. We can usually tell you what is missing and what needs to be obtained.

Need help with probate or estate administration?

If you are dealing with a deceased estate in NSW, contact Ridge Legal for clear advice about the next step.

Use the form below to tell us briefly:

• your relationship to the deceased;
• whether there is a will;
• whether there is NSW real estate;
• whether any bank, insurer or other asset holder has requested probate;
• what assistance you need.