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Deceased Estates
We can provide you with advice on the deceased estate law matters:
When someone passes away their assets become part of the “deceased estate”, these assets are usually gifted pursuant to a Will. In the case where the deceased did not leave a will, they have died interstate and the legislation lays out who is entitled to their assets and how to administer the estate.
ALA Law can assist you to administer a deceased estate. For further information please see:
Frequently Asked Questions
Who is eligible to contest a Will in NSW?
Under the Succession Act 2006 (NSW), only specific “eligible persons” can contest a Will through a Family Provision Claim. This includes spouses (current or de facto), children, former spouses, and certain dependents who lived in the deceased’s household or were financially reliant on them, such as grandchildren. To be successful, the claimant must demonstrate that they were not left “adequate provision” for their maintenance, education, or advancement in life. Our Penrith deceased estates team can help you determine your eligibility and guide you through the strict time limits and complex legal requirements involved in making a claim.
If you believe you have been unfairly left out of a Will, learn more about your eligibility and the grounds for making a Family Provision Claim in NSW.
What is Probate and how long does the process take?
Probate is the legal process where the Supreme Court of NSW validates a deceased person’s Will, granting the Executor the authority to manage the estate, pay debts, and distribute assets. Once an application is filed, it typically takes between 4 to 10 weeks for the Court to issue the grant, depending on processing times and any further inquiries (requisitions). It is important to note that an Executor generally cannot distribute the estate until at least 6 months have passed since the date of death. Our Penrith team specialises in navigating these court requirements to ensure the estate is administered efficiently and in accordance with NSW law.
Ensure your loved one’s estate is handled correctly by learning more about the steps, timelines, and legal requirements for obtaining Probate in NSW.
Should I pay funeral invoices out of my own pocket?
It is a common misunderstanding that an Executor must pay funeral invoices personally and wait for a refund from the estate. In most cases, if the deceased had sufficient funds in their bank account, you can simply present the funeral invoice to their bank, and they will release the funds directly to pay the provider. Our Penrith deceased estates team recommends this approach to simplify the process; just ensure you keep all invoices and receipts for your solicitor so they can be properly accounted for in the estate distribution.
Avoid unnecessary personal expenses during a difficult time by learning how to manage funeral invoices through the deceased’s bank account.
What is a Reseal of a Grant of Probate?
A Reseal of a Grant of Probate is the legal process where the Supreme Court of NSW recognises a grant originally issued in another Australian state or a recognised Commonwealth country. This is necessary if the deceased held assets in NSW, but their primary grant was obtained elsewhere. Under the Probate and Administration Act 1898 (NSW), once a grant is “resealed,” it has the same legal standing and operation in New South Wales as the original grant, allowing the Executor to manage and distribute local assets. Our Penrith team assists Executors in navigating these multi-jurisdictional requirements to ensure seamless estate administration across borders.
If you are managing an estate with assets in multiple states or countries, learn more about how to apply for a Reseal of a Grant of Probate in NSW.
What happens if a loved one dies and there is no executor?
If a Will exists but the named executor is unable to act (for example, if they have passed away, lost capacity, or refused the role), you cannot apply for a standard Grant of Probate. Instead, an eligible person – usually a major beneficiary – must apply to the Supreme Court for Letters of Administration with the Will Annexed. This grant authorises an administrator to manage and distribute the estate according to the instructions left in the Will. Our Penrith estate lawyers guide families through this specialised application process to ensure the deceased’s final wishes are still honored despite the absence of an executor.
Don’t let the absence of an executor stall the estate process; learn how to apply for Letters of Administration with the Will Annexed in NSW.
Have a question for ALA Lawyers?
Please contact us to have arrange a confidential appointment with one of our friendly solicitor to discuss your deceased estate matter
