Estates: Probate and Letters of Administration

Your succession planning documents, such as your will, enduring powers of attorney and enduring guardianship, are some of the most important documents you will own. We recommend reviewing your documents every 3 years.

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Probate

Probate is an application to the Supreme Court of New South Wales in which an executor named in the will must:

  • prove the will maker has died, 
  • provide the original of the last Wil;
  • schedule the assets and liabilities of the deceased will maker;
  • swear or affirm to administer the estate according to law.

 

An application for probate can be expensive.  There are three charges:

 

  1. A notice must be published on the Supreme Court website giving notice of the intended application.  Currently the Court charges $47.00 to publish this notice.  
  2. A filing fee is paid to the Supreme Court.  The Supreme Court sets this fee and it is based on the value of the gross assets of the estate.

A fee is paid to the solicitors for preparing the application and ensuring the documents are accurate and properly signed. This fee is regulation pursuant to Legal Profession Uniform Law Application Regulations 2015 – Schedule 3.

Letters of Administration

You must make an application for letters of administration if:

  • The deceased person did not leave a will; or
  • The deceased person left a will but did not appoint an executor or the executor cannot act.

Administration of estate

Once you receive the Grant of Probate or the Grant of Administration, you can then administer the estate by calling in the assets, finalising taxation, distributing to the beneficiaries.  Elliot Tuthill can assist you in the administration process for which we charge the staff member’s applicable hourly rate.

 

An application for letters of administration will cost the same as an application for probate but, in addition you may require additional searches. There may be additional charges for searches for a will or other testamentary document that the deceased person may have created.  Searches may also need to be made to locate the deceased person’s assets and family members.

 

Applications for probate and letters of administration can be difficult and confusing.  There are strict Court rules with which you must comply. Elliot Tuthill has a vastly experienced team of legal professionals who can make your application an easy process for you.

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