Probate law in New South Wales, Australia, deals with the legal process of administering the estate of a deceased person.
When a person dies, their property and assets must be distributed according to their will or, if they did not leave a will, according to the rules of intestacy.
The probate process involves proving the validity of the will, if one exists, and appointing an executor to manage the distribution of the estate.
If the deceased person left a will, it must be filed with the probate registry in the Supreme Court of New South Wales.
The will is then examined to ensure that it is valid and that all legal requirements have been met.
If the will is found to be valid, the Supreme Court will issue a grant of probate, which is a legal document that gives the executor the authority to manage the distribution of the estate.
If the deceased person did not leave a will, or if the will is found to be invalid, the process of administering the estate is known as intestacy.
In this case, the Supreme Court will appoint an administrator to manage the distribution of the estate.
The administrator will be responsible for locating and identifying all of the deceased person’s assets and distributing them according to the rules of intestacy.
The probate process can be complex and time-consuming, and it is important to seek legal advice if you are involved in the administration of an estate.
There are several options available to assist with the probate process, including hiring a probate lawyer or using a professional probate service.
It is also worth noting that the probate process can be costly, as it includes fees for filing the will and other legal documents, as well as any costs associated with estate administration.
Certain strategies, such as transferring assets to a trust or using a payable-on-death account, may allow you to avoid probate entirely in some cases.
In summary, probate law in New South Wales governs the legal process of administering a deceased person’s estate.
The procedure entails proving the will’s validity and appointing an executor or administrator to oversee the estate’s distribution.
When dealing with probate matters, it is critical to seek legal advice and consider all available options, as the process can be complex and costly.