What is Probate?
If someone close to you has passed away and named you as their executor, you might have come across the word probate and wondered what it actually means. Put simply, probate is the legal process that proves a will is valid. It is a crucial step in administering a person’s estate and gives you the authority to carry out their final wishes.
At KM Legal, we help executors across Penrith and Western Sydney understand their responsibilities and guide them through the probate process with clarity and care.
So, what exactly is probate?
In NSW, probate is granted by the Supreme Court. It confirms two key things:
That the will is valid and the last known version
That the person applying (the executor) is legally authorised to manage the estate
Once probate is granted, the executor can collect assets, pay debts, and distribute the estate in line with the will.
When do you need probate?
Not every estate needs probate. It depends on:
The value of the assets, such as bank accounts, property, or shares
How those assets are owned. For example, jointly held assets do not usually require probate
The policies of institutions holding the assets, such as banks, super funds, or real estate agents
As a rough guide, probate is usually needed if:
The deceased owned real estate in their sole name
There are significant assets held solely in their name
A financial institution asks for it before releasing funds
If the estate is small and straightforward, probate may not be necessary at all.
What’s involved in applying for probate?
The process usually looks like this:
Advertise your intention to apply for probate on the NSW Online Registry. You must give at least 14 days’ notice
Complete a court application. This includes the original will, death certificate, inventory of assets and liabilities, and an executor’s affidavit
Lodge your application with the Supreme Court of NSW
Wait for the grant of probate, which can take several weeks depending on court processing times
Once granted, the executor can begin administering the estate.
Do I need a lawyer to apply for probate?
You can apply yourself, but the process can be complex. This is especially true if the will has issues such as unclear wording or missing pages, or if there is a risk of a dispute.
At KM Legal, we assist executors with preparing and lodging probate applications, handling all the legal requirements, and helping avoid costly mistakes or delays. We also offer fixed fees for most probate matters.
Need help with probate? Talk to KM Legal.
Dealing with a loved one’s estate can be overwhelming, especially when legal paperwork is involved. Whether you are just starting out or are stuck part-way through the probate process, KM Legal can help. We support clients across Penrith, Western Sydney, and throughout NSW.
Book a consultation at kmlegal.com.au/book
Clear answers. Compassionate support. Practical solutions.