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When someone dies, their assets form their ‘deceased estate’. If they left a Will, the executor named in it is responsible for collecting the assets, paying debts and distributing what’s left to the beneficiaries. If there’s no Will, NSW law decides who inherits, and someone needs to apply to be appointed administrator.
It’s a big responsibility, often at a time of grief. We can take care of the court applications and paperwork, explain your obligations and help you avoid common mistakes, so you can focus on your family.
We help executors and families in Orange, Bathurst, Blayney, Molong, Cowra, Parkes and across the Central West, in person or by phone and video.
Orange · by appointment only
Dubbo · by appointment only
Phone and video appointments available
Every estate is different, but most follow a similar path. We’ll guide you through each stage.
Locate the original Will and death certificate, and list the assets, debts, super and insurance.
A notice of intended application is published online, then the application is filed with the Supreme Court of NSW.
Once granted, the executor can collect assets, close accounts and sell or transfer property.
After debts, tax and expenses are settled, and the right waiting period has passed, the estate is distributed.
Seeing a family go through an estate often prompts people to get their own affairs in order. A clear Will and estate plan can make things much easier for the people you leave behind.
Not always. Whether probate is needed depends on the assets and on what each bank, super fund or other institution requires. It is usually needed if the deceased owned real estate in their sole name or held significant amounts in accounts. We can tell you quickly whether it’s required. About probate →
A family provision claim generally has to be made within 12 months of the date of death. Late claims need the court’s permission, which isn’t guaranteed, so get advice early. Contesting a Will →
They are said to die ‘intestate’, and the Succession Act 2006 (NSW) sets out who inherits, generally starting with a spouse and children. Someone, usually a close relative, needs to apply to the Supreme Court for Letters of Administration to manage the estate. Dying without a Will →
Probate is the Supreme Court of NSW confirming that a Will is valid and giving the executor authority to deal with the estate. After the application is filed, a grant typically takes around 4 to 10 weeks, depending on court processing times and any requests for more information. Executors generally shouldn’t distribute the estate until at least six months after the date of death. Probate steps and timelines →
If the named executor has died, lacks capacity or won’t act, an eligible person, usually a main beneficiary, can apply for Letters of Administration with the Will annexed. The estate is then administered according to the Will. Letters of Administration with the Will annexed →
Only ‘eligible persons’ under the Succession Act 2006 (NSW) can make a family provision claim, including spouses, de facto partners, children, former spouses and some dependants. Strict time limits apply, so early advice is important. Who can contest a Will →
Often not. If the deceased had enough money in their bank account, most banks will pay the funeral invoice directly from that account. Keep copies of all invoices and receipts so they can be properly accounted for in the estate. Paying funeral costs →
If the deceased owned assets in NSW but probate was granted elsewhere, the grant may need to be ‘resealed’ by the Supreme Court of NSW so it can be used here. Resealing a grant of probate →
Contact our Orange team for a confidential appointment. We’ll explain what needs to happen and take care of the legal steps for you.