A Detailed Overview On Probate Laws In NSW & Victoria

Passing away of a loved one is tough and the last thing one would wish to do is deal with the legal aspect of the death. However, these processes are crucial and understanding the details of grant of probate and the process of application along with other details is important. Through this article, you will get a thorough undertansing about – how long does probate take in NSW, application of grant of probate and more.

Probate Laws In NSW:

In NSW, the Supreme Court grants probate as a court order which confirms that a will is valid and that the executor can distribute the estate according to the will. Probate is not conducted if a person dies without owning a property and doesn’t own large monetary assets.

Grant of Probate Application:

If you are applying for the grant of probate, you need to consider the following things:

• You will be required to gather supporting documents
• You are required to publish a probate notice
• There is a 14-day minimum notice requirement from the amendment date
• You are required to submit an online probate application
• You will also be responding to requisitions from the court

You will be undergoing all of the above procedures with the Supreme Court of NSW. Moreover, if you are applying for probate after 6 months from the date of the death of the deceased, you will be required to provide an explanation to the Supreme Court for the same.

How long does Probate take in NSW?

So how long does probate take in NSW? The answer is, It takes up to 20 working days for a grant of probate in NSW, given that you have submitted the court documents accurately. However, if the documents are incomplete or unclear, the grant of probate period is longer. In such cases, the Supreme Court asks for the right documents and then grants the probate. The details of the time period of grant of probate are as follows:

1)    Publishing Online Notice

Firstly, you are required to publish a notice via the online Court showcasing your intent to apply for the Probate of the Last Will of the deceased. There is a 14-day waiting period after publishing this notice online after which an application for the grant of probate can be filed, provided the assets and liabilities of the deceased are known. The application is filed in the Supreme Court of NSW Probate registry.

2)    Application Processing Time

After the application is filed, it is processed by the Court staff and Registrar. If the documents are in order, the Supreme Court provides the Grant of Probate in a sealed document. The time period for the documents to be processed varies depending on the number of applications before the Court. However, the Supreme Court would grant probate in less than 10 days of applying.

Probate Laws In Victoria:

Similar to the probate laws in NSW, when someone passes away in Victoria, a grant of probate is filed in the Supreme Court of Victoria, given that the assets of the deceased are located in Victoria. The period for grant of probate depends on the order, relevance and clarity of documents submitted to the court.

How long does probate take in victoria?

So how long does probate take in victoria? While it may take several weeks for the grant of probate, you can only apply for the same after a waiting period of 15 days from the date of publication of your notice on the Supreme Court’s website. Moreover, after filing the application, it takes up to 8 weeks for the Supreme Court of Victoria to grant the probate.

Documents Necessary for a Grant of Probate in Victoria

The following are the documents required while applying for a Grant of Probate in Victoria:

• Original Will and any Codicils;
• Certified copy of the Death Certificate;
• Inventory of Assets and Liabilities;
• Affidavit of Publication of Notice and Searches;
• Affidavit of Executor;
• Order of the Registrar;
• Originating Motion for a Grant of Probate;

Grant of Probate Application in Victoria

Similar to the application for the grant of probate in NSW, an application for probate in Victoria requires you to publish your intention to apply for the probate. You are required to complete your grant of probate application and upload the necessary documents online for the same. While you can take the assistance of a solicitor to file  your application, the Supreme Court of Victoria advises people to do  this on their own.

Letters of Administration in Victoria

What happens when a person passes away without a valid will? In such situations, the deceased’s next of kin is required to apply for letters of administration. The Letters of Administration application can be lodged by one or multiple people. The most suitable applicants are as follows:

• A spouse
• Children
• Siblings, or
• Another close relative or family friend

After applying for the letter of administration, the Supreme Court of Victoria determines a ‘suitable person’ to distribute the estate based on various circumstances mentioned in the application.

So if you are still unsure of the details of  – how long probate takes in victoria, contact Probate Consultants and get your free consultation today. Call on 1300 561 803 to get detailed instructions and assistance for a fast, affordable and easy probate application right away!