Probate & Deceased Estates FAQs
Guidance for executors and families after a loss
When someone you love passes away, the legal steps that follow can be confusing. Our deceased estates lawyers have answered the questions executors and families ask us most often – about Probate, Letters of Administration, an executor’s role, small estates and contesting a Will in NSW. If you would like advice about a particular estate, call us or request a confidential call back.
- Experienced deceased estates lawyers
- Compassionate & confidential
- Penrith office, help across NSW
Reviewed by Jacinta Watkins, Partner – Estate Planning and Deceased Estates. Last updated November 2026.
Penrith Office
Ground Floor, Suite 4 291/295 High St, Penrith NSW 2750
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Probate & Deceased Estates Frequently Asked Questions
Does every Will have to go through Probate?
Not always. Probate is usually needed if the deceased owned NSW real estate in their sole name or as a tenant in common, or if banks and other asset holders require a grant before releasing funds.
It may not be needed where assets were held jointly and pass to the survivor, or where the estate is small. We can tell you at your first consultation whether Probate is required.
Read more: Probate
What is Probate and how long does it take?
Probate is the Supreme Court of NSW confirming that a Will is valid and that the executor has authority to deal with the estate. Once the application is filed, the grant typically takes 4 to 10 weeks, depending on Court processing times and any requisitions (queries) from the Court.
Read more: Probate
How long do I have to apply for Probate in NSW?
You should apply within six months of the date of death. If you apply later, the executor must explain the delay to the Court in an affidavit. A notice of intended application must be published on the NSW Online Registry at least 14 days before filing.
Read more: Probate
How much does it cost to get a grant of Probate?
The professional costs of obtaining a grant are fixed by regulation and based on the value of the estate, so every law firm charges the same amount for that work (plus GST and disbursements, including the Court filing fee).
For example, for an estate worth $500,000 the scale cost is $3,234.50 plus GST. Calling in and distributing the assets is charged separately, depending on the work each estate needs.
Read more: Probate
Use our probate cost calculator to estimate the solicitor’s fee and Supreme Court filing fee for your estate.
Who pays the legal costs of obtaining Probate?
The legal costs are generally paid from the estate, not by the executor personally.
Read more: Probate
See our guide to how much probate costs in NSW.
What if there is no Will, or no executor can act?
A grant of Probate is only available where there is a valid Will naming an executor who is able to act. If there is no Will, or no executor can act, an application is made for Letters of Administration instead.
Read more: Letters of Administration
Who can apply for Letters of Administration in NSW?
Usually someone entitled to all or part of the estate – most often the deceased’s spouse or next of kin, with the consent of the other beneficiaries. If there is no suitable next of kin willing to apply, the Court may appoint NSW Trustee & Guardian.
Read more: Letters of Administration
What does an executor do?
An executor carries out the terms of the Will and acts in the best interests of the beneficiaries. Their key duties usually include:
- locating the original Will and making sure the funeral is arranged
- identifying and protecting the estate’s assets
- applying for a grant of Probate, where required
- collecting assets, paying debts and lodging final tax returns
- keeping proper records and accounts
- distributing the estate in line with the Will.
Read more: Executor Advice
Do I have to accept the role of executor?
No. You can renounce your right to apply for Probate, as long as you have not already started dealing with the estate’s assets (known as “intermeddling”). If you are unsure, speak with us early so we can explain your options.
Read more: Executor Advice
Can an executor be paid?
An executor can be reimbursed from the estate for reasonable out-of-pocket expenses. They may also be entitled to commission for their time and effort, either with the beneficiaries’ agreement or by order of the Supreme Court. Sometimes the Will itself says how the executor is to be paid.
Read more: Executor Advice
Should I pay the funeral invoice out of my own pocket?
Usually not. If the deceased had enough money in their bank account, you can give the funeral invoice to their bank and it will normally pay the funeral director directly. Keep copies of all invoices and receipts so they can be accounted for in the estate.
Read more: Deceased Estates
When can the executor distribute the estate?
Executors should generally wait at least six months after the date of death, and publish a notice of intended distribution, before distributing the estate. This protects the executor if a family provision claim is made, as eligible people generally have 12 months from the date of death to claim.
Read more: Probate
Can a bank release funds without Probate?
Often, yes, for smaller amounts. Each bank sets its own limit and requirements, which can change. They usually ask for a death certificate, a copy of the Will (if there is one), identification and a signed indemnity.
Read more: Small Estates
Do I need Probate if the deceased owned real estate?
Usually, yes. If the deceased owned land in NSW in their sole name, or as a tenant in common, a grant of Probate or Letters of Administration is generally needed to sell or transfer it. Property held as joint tenants usually passes to the surviving owner without a grant.
Read more: Small Estates
How do I transfer jointly owned property or bank accounts into my name?
If you owned property with the deceased as joint tenants, it can usually be transferred into your name without Probate by lodging a Notice of Death with NSW Land Registry Services. Joint bank accounts are dealt with directly with each bank’s deceased estates team, usually with a certified copy of the death certificate.
Read more: Survivorship
What is a reseal of a grant of Probate?
If a grant of Probate was made in another Australian state or a recognised Commonwealth country, and the deceased also had assets in NSW, the Supreme Court of NSW can “reseal” that grant so it can be used here, instead of a new application being made.
Read more: Deceased Estates
How long do I have to contest a Will in NSW?
A family provision claim must generally be filed within 12 months of the date of death. The Court can allow a late claim if there is sufficient cause, or if the parties agree, but this is not guaranteed, so get advice early.
Read more: Contested Wills
Who can contest a Will in NSW?
Only an “eligible person” under the Succession Act 2006 (NSW). This includes a spouse or de facto partner at the time of death, a child, a former spouse, a person in a close personal relationship with the deceased, and certain grandchildren or household members who were dependent on the deceased.
The claimant must show they were not left adequate provision for their maintenance, education or advancement in life.
Read more: Contested Wills
Do I need to wait for Probate before making a claim on an estate?
No. In NSW a family provision claim can be made whether or not Probate or Letters of Administration has been granted.
Read more: Contested Wills
Can you help if I live outside Penrith?
Yes. We act for executors and families across Western Sydney, the Blue Mountains, the Hawkesbury and regional NSW. You can meet us at our Penrith office, or have your appointments by phone or video.
Read more: Deceased Estates
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