Probate & Estate Administration
Dealing with the legal process after losing a loved one can be overwhelming. At MCB Lawyers, our probate and estate administration lawyers in the Northern Beaches, Wollongong & Parramatta provide clear, compassionate legal support to help you navigate this challenging time.
Probate & Estate Administration — From Notice to Grant to Distribution
Need probate or administration advice now?
We’ll confirm the right pathway, publish the notice and file the grant—NSW-wide.
What is Probate?
Probate is an order of the Supreme Court of NSW confirming that a Will is valid and that the named executor has authority to administer the estate. With the grant of probate, banks, share registries and NSW Land Registry Services will recognise the executor and allow assets to be collected, sold or transferred according to the Will.
When is probate needed?
- Real property in the deceased’s sole name.
- Bank/shares above the institution’s release thresholds.
- To deal with asset holders who require a court grant.
When it may not be needed / alternatives
- Assets held as joint tenants (pass to survivor).
- Low balance accounts released without a grant (policy-dependent).
- Letters of Administration (no Will/no executor), or a Reseal if a grant was made interstate/overseas.
Note: Probate confirms authority—it doesn’t itself transfer assets. After the grant, the executor gathers assets, pays liabilities and distributes per the Will.
Key NSW Timeframes
- Publish notice online and wait at least 14 days before filing for probate/administration/reseal.
- File the grant within 6 months of death, or explain delay by affidavit.
- Intended distribution: protection where distribution occurs ≥ 6 months after death, and ≥ 30 days after a published Notice of Intended Distribution.
- Passing accounts/commission: publish notice at least 14 days before filing.
Probate & Administration Services
Probate (Grant)
Online notice (≥14 days), filing within 6 months, requisitions managed, grant verified.
Letters of Administration
No Will or no executor? We file within 6 months (or explain delay).
Reseal of an Interstate/Overseas Grant
Have your external grant recognised for NSW assets via reseal.
Estate Protection & Distribution
Publish intended distribution notice; distribute ≥6 months from death and ≥30 days after notice.
Accounts & Commission
Prepare accounts; publish notice ≥14 days before filing to pass accounts/apply for commission.
Complex/Contested Probate
Caveats, revocations, multiple grants—case managed under Court guidance.
From First Call to Distribution
We publish the notice, file the grant, secure the assets and distribute safely.
Triage & Documents
Death certificate, Will (if any), assets/liabilities list; confirm whether probate, letters, or reseal is required.
Publish Online Notice (14 days)
Notice of intended probate/administration/reseal via the Online Registry; wait ≥14 days.}
File the Application
Most uncontested grants are filed online; file within 6 months or explain delay.
Grant & Distribution
Address requisitions; collect assets; publish Notice of Intended Distribution and distribute per the statutory timing.
Executor or next-of-kin—unsure where to start?
We’ll confirm the correct grant, publish the notice, file online and keep you moving.
Frequently Asked Questions
What is probate, and why is it necessary?
Probate is the legal process of validating a deceased person’s will and distributing their assets according to their wishes. It is necessary to ensure that the will is genuine and that the executor has the authority to manage the estate.
How long does the probate process typically take?
The duration of the probate process can vary depending on the complexity of the estate and any potential disputes. On average, it can take several months to a year to complete.
What happens if there is no will?
If there is no will, the estate is considered “intestate,” and the distribution of assets is handled according to the laws of intestacy. This means the assets are divided among the surviving relatives based on a predetermined hierarchy.
Who is responsible for administering an estate?
The executor named in the will is responsible for administering the estate. If there is no will, the court will appoint an administrator, usually a close relative, to manage the estate.
What are the executor's duties in the probate process?
The executor’s duties include gathering and valuing the deceased’s assets, paying any debts and taxes, and distributing the remaining assets to the beneficiaries as outlined in the will.
Can an executor be removed from their role?
Yes, an executor can be removed if they are not fulfilling their duties properly or if there is evidence of misconduct. This requires a court application and sufficient evidence to support the claim.
Are there any costs associated with probate?
Probate costs can vary depending on the estate’s size and complexity. In NSW, fees are regulated by the Law Society and based on a scale that considers the estate’s value. At MCB Lawyers, we believe in full transparency from the start, giving you clear and upfront information on costs so there are no surprises. Our focus is on providing fair, cost-effective solutions that align with Law Society guidelines, helping you navigate the probate process smoothly.
What is the difference between probate and administration?
Probate refers to the process of validating a will, while administration is the management and distribution of the estate’s assets. Administration can occur with or without a will, depending on the circumstances.
Can beneficiaries contest a will during probate?
Yes, beneficiaries or other interested parties can contest a will if they believe there is a valid reason, such as undue influence or lack of testamentary capacity. This can lead to a legal challenge in court.
How can MCB Lawyers help with probate and administration?
Our experienced team at MCB can guide you through the probate process, ensuring compliance with legal requirements and helping to resolve any disputes that may arise. We provide personalised support to make the process as smooth as possible.
Get it right the first time.
We handle notices, online filing and requisitions—so the estate can be administered without delay.