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Understanding Probate
Probate is the formal process by which the Supreme Court of NSW recognises a will as valid and grants authority to the executor to manage the deceased estate.
A grant of probate is often required where the estate includes:
- Real property
- Significant bank accounts
- Shareholdings
- Superannuation paid to the estate
The executor must apply to the Supreme Court and comply with procedural requirements, including publishing a notice of intended application and filing prescribed affidavits.
Once probate is granted, the executor is authorised to collect assets, pay debts and distribute the estate in accordance with the will.
When You Need a Probate Lawyer
Legal advice is important when:
- You are appointed as executor
- The estate includes real property
- There are questions about the validity of the will
- Beneficiaries are disputing the estate
- The estate is complex or includes business interests
- You are unsure of your duties as executor
- A family provision claim is anticipated
Early advice assists in ensuring compliance with Supreme Court requirements.
Our Legal Services in Probate Matters
We assist executors and families in estate administration matters, including:
- Probate applications
- Executor advice
- Asset identification and valuation
- Debt and liability management
- Distribution advice
- Supreme Court filings
- Estate dispute advice
We provide clear advice on procedural compliance and executor responsibilities.
Our Approach to Probate Applications
We begin by reviewing the will and confirming the executor’s appointment. Estate assets and liabilities are identified to determine whether probate is required.
We prepare the necessary court documents in accordance with Supreme Court Rules and ensure publication requirements are met.
Following the grant of probate, we advise on the orderly administration of the estate, including payment of debts and distribution to beneficiaries.
Our approach is structured and focused on lawful administration and risk management.
Why Choose Maguire & McInerney
Maguire & McInerney advises executors and families on probate and estate administration involving statutory compliance and fiduciary duties. Our work is grounded in detailed knowledge of the Succession Act 2006 (NSW) and Supreme Court probate procedure. We provide clear advice on process, risk and executor obligations, supported by transparent fee arrangements.
If you have been appointed executor or are unsure whether probate is required, contact our team to discuss the appropriate steps.
Steps To Get Started
FAQs
While not mandatory, legal advice assists in ensuring compliance with procedural requirements and executor duties.
An application is filed in the Supreme Court of NSW with prescribed affidavits, the original will and supporting documents.
Timeframes vary depending on court processing and the complexity of the estate.
The executor collects assets, pays debts and distributes the estate according to the will.
Probate is typically required where the estate includes real property or significant financial assets.
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