When you’re mourning the loss of a loved one, the last thing you want to worry about is legal matters, so speaking with a probate lawyer Revesby families trust can help you understand what to do next. However, it’s important to work out how their estate’s assets are handled. When you work with an experienced estate lawyer, the process can be a lot easier. Let’s walk through the step-by-step probate process so you can effectively handle the deceased’s wishes.
Key takeaways
Probate allows an executor to legally transfer estate property.
The need for probate depends on the size and value of the estate.
Probate can take roughly 6 to 14 months depending on the circumstances.
There are procedures to follow when a deceased leaves zero or multiple wills.
An estate lawyer can help clients avoid common probate mistakes.
An eligible person may choose to file a family provision claim.
What is probate and why does it matter?
Without probate, an executor can’t fulfil their duty. They won’t be able to:
Legally access bank accounts.
Transfer property.
Handle insurance payouts.
Sell assets.
Distribute the estate to beneficiaries.
Do you always need a probate lawyer in Revesby?
Probate isn’t always needed. It’s generally required if the deceased owned:
Land or a house.
Bank accounts with around $50,000 or more. This will depend on the bank.
A stock portfolio worth over $15,000.
A large superannuation interest.
Assets held as a sole owner.
You may not need probate if all assets were held jointly with a surviving partner. These pass automatically by survivorship. We can help identify estate assets and advise whether probate is necessary.
Step-by-Step: How to apply for probate in NSW
There are many legal requirements involved with probate.
Step 1: Locate the original will
The first thing you should do is find the original will. This will need to be filed with the probate application. The will should have been signed by the testator (the person who made the will) and two witnesses who aren’t beneficiaries. It also needs to be verified that the will being submitted to the Court isn’t a copy.
Step 2: Obtain the death certificate
It’s the executor’s responsibility to obtain the death certificate for the deceased. The death certificate can be accessed through the Registry of Births, Deaths and Marriages.
Step 3: Advertise your intention to apply
Before you apply, you need to advertise your intention to apply for a grant of probate to administer the deceased’s last known will. The reason you have to do this is that creditors need an opportunity to come forward and make a claim on the estate. Parties may also wish to challenge the will.
The notice of intended application appears on the NSW Online Registry for Courts and Tribunals. The fee to publish the notice is $57 as of 1 July 2025. The executor must publish the notice no earlier than 14 days prior to applying for a grant of probate.
Step 4: Prepare the probate application
This is where having an experienced probate lawyer Revesby can be important. The application includes:
Summons for Probate.
Affidavit of Executor.
Inventory of assets and liabilities.
The original Will.
The death certificate.
Completed probate forms as required by the Supreme Court of New South Wales.
Any errors or missing documents will result in delays and requisitions from the Court.
Step 5: Lodge the application with the Supreme Court of NSW
Once you’ve prepared the necessary documentation and the 14-day notice period has passed, you can lodge your application with the Supreme Court of New South Wales. You’ll need to pay a Court filing fee, which is one part of the overall probate cost.
The Court filing fee is based on the value of the deceased estate. Estates worth less than $100,000 won’t have a fee. After that, the current fees are as follows:
Probate may also involve separate probate fees, which are scaled according to the disclosed value of the estate, and administration fees, which are generally time costed depending on the work required.
The Court filing fee is based on the value of the deceased estate. Estates worth less than $100,000 won’t have a fee. After that, the current fees are as follows:
Between $100,000 and $250,000: $921.
Between $250,000 and $500,000: $1,250.
Between $500,000 and $1,000,000: $1,918.
Between $1,000,000 and $2,000,000: $2,555.
Between $2,000,000 and $5,000,000: $4,258.
$5,000,000 or more: $7,099.
Step 6: Receive the Grant of Probate
If there aren’t any issues with the application, the Supreme Court will issue a grant of probate. This gives the executor the legal authority to deal with the estate. The time it takes for the Court to process the application typically ranges from 4 to 8 weeks from the date of filing.
Step 7: Administer the estate
Once probate is granted, the executor can begin formally administering the estate. This involves:
Notifying banks, financial institutions, and government agencies.
Identifying assets and liabilities.
Obtaining valuations.
Paying outstanding estate debts and liabilities.
Lodging a final tax return for the deceased.
Transferring property.
Managing property transactions.
Handling estate auctions.
Distributing assets to beneficiaries as directed by the will.
Probate timeline at a glance
Stage | Estimated Timeframe |
Locate the Will and obtain the death certificate. | 1 to 2 weeks |
Publish the Notice of Intention. | 14 days minimum |
Prepare and lodge the application. | 1 to 3 weeks |
Court processing and the grant issued. | 4 to 8 weeks |
Estate administration and distribution. | 3 to 12 months |
Total estimated time from death to distribution: 6 to 14 months, depending on the complexity of the estate.
What if there is no will?
Many Australians don’t have a valid will. If the deceased doesn’t have a will, they’re intestate. Probate isn’t necessary here. However, a family member must apply for Letters of Administration from the Supreme Court.
The estate is managed by the intestacy rules in the Succession Act 2006 (NSW). These rules follow a strict hierarchy starting with spouse and children. A probate lawyer at Bateys can guide the administrator through this alternative process.
What if the deceased has multiple wills?
Some people leave behind no will, some leave behind multiple wills. This can make things confusing, but there are procedures to sort out these matters. The latest valid will is usually prioritised in estate law.
Ideally, there will be a revocation clause in the later will that establishes that the earlier will should be disregarded. However, that doesn’t always happen. A good lawyer can ensure that these kinds of details are taken care of. The Court may use the principle of implied revocation to fully or partially revoke the previous will. If the later will is deemed invalid, the earlier will may be used.
Common probate mistakes to avoid
It’s pretty common for executors to make simple mistakes when carrying out their duty. Some mistakes we often find executors committing include:
Distributing assets before probate is granted.
Missing the 14-day notice period before filing.
Incorrectly valuing the estate on the inventory.
Losing or damaging the original Will before lodging.
Failing to account for all debts.
The consequences for making mistakes can be quite serious. The executor could be liable for any losses the estate incurs and be removed as executor. Working with a trusted probate lawyer Revesby from the very start ensures none of these mistakes derails the process.
Family provision claims: When someone disputes the will
Do you feel like you were owed a benefit from a will, but got left out? Did you get a distribution, but don’t think it was enough? You may be able to make a claim against the estate. You’ll need to be an eligible person to do that. Eligible claimants may include:
Spouses.
Children.
Grandchildren.
Former partners.
These claims must be filed within 12 months of the date of death. Your probate lawyer can help you respond or navigate dispute resolution.
Litigation and dispute resolution of contested wills
The easiest way to defend estate litigation is to avoid it entirely. Most property disputes are settled before the final hearing, which saves all the parties involved money and time. Mediation is generally required before the parties can have the Supreme Court deal with the issue.
A mediator can help parties find practical solutions tailored to their situation. A lawyer’s expert guidance may also assist. The main thing is for interested parties to work through difficult challenges for everyone’s best interests.
In order to successfully litigate a family provision claim, a party has to demonstrate that their provision was inadequate. The Court may consider a variety of issues related to the party, such as:
Age and lifestyle.
Any health-related matters.
The extent of the estate and what other claims have been made.
What the testator considered to be superior claims.
Testamentary expenses
Advising clients on estate matters involves ensuring that they are clear on the expenses they may incur. Probate is not a fixed cost. The total cost of probate may include Court fees, probate fees, and administration fees.
Court fees.
Probate fees.
Administration fees.
Court fees are charged by the Court and are scaled according to the value of the estate. Probate fees for obtaining a first time grant of probate or administration are also scaled according to the disclosed value of the estate. Administration fees are generally time costed depending on the work required to administer the estate.
The probate fee scale is set out below:
| Disclosed value of assets | Amount |
| Not more than $30,000 | |
| (a) base cost | $560.00 |
| (b) plus for each $1,000 up to $30,000 | $13.33 |
| More than $30,000 but not more than $150,000 | |
| (a) base cost | $960.00 |
| (b) plus for each $1,000 over $30,000 | $5.90 |
| More than $150,000 but not more than $1,000,000 | |
| (a) base cost | $1,670.00 |
| (b) plus for each $1,000 over $150,000 | $4.47 |
| More than $1,000,000 but not more than $3,000,000 | |
| (a) base cost | $5,470.00 |
| (b) plus for each $1,000 over $1,000,000 | $1.66 |
| More than $3,000,000 but not more than $5,000,000 | |
| (a) base cost | $8,800.00 |
| (b) plus for each $1,000 over $3,000,000 | $1.10 |
| More than $5,000,000 but not more than $10,000,000 | |
| (a) base cost | $11,000.00 |
| (b) plus for each $1,000 over $5,000,000 | $0.90 |
| More than $10,000,000 | $15,500.00 |
Other costs may also arise, such as funeral costs, valuation fees, accountant fees, or other professional expenses, depending on the circumstances of the estate.
Testamentary expenses take precedence over other debt recovery matters such as handling outstanding loans.
Why choose Bateys Law Firm for probate in Revesby?
At Bateys Law Firm, we have helped families across the Revesby community, as well as:
Bankstown.
Milperra.
South West Sydney.
Our team offers:
Clear guidance on probate costs and likely outlays.
Fast turnaround on document preparation.
Expert advice so you can make informed decisions.
Clear communication throughout the entire process.
Experience with both simple and complex estates.
Compassionate support during a difficult time.
From our clients
Kelly was incredibly helpful, responsive, and always took the time to answer all our questions. She guided us through a challenging situation with great care and support. We truly appreciate the assistance from Kelly and the entire team, including Nik and Bruce. Highly recommend this law firm!
- Olivia Syam
I can't say enough about how professionally and kindly Kelly handled everything during our experience. Her sincerity, thoughtfulness, and empathy stood out from start to finish. Kelly made a difficult time feel calm and manageable, paying attention to every detail and going above and beyond. Her dedication and expertise truly shine. Thank you so much, Kelly!
- Raelene Vass
Conclusion
If you’ve been nominated as an executor, you might feel like you’re getting in over your head. But there are clear steps you need to take to do the job properly. Once you have the process laid out in simple steps, it’ll seem more manageable. An experienced probate lawyer Revesby can help you avoid mistakes and delays.
Do you need an experienced lawyer for your estate administration?
Our boutique law firm is ready and waiting to help you with personalised legal services. We have extensive experience with estate law, advising executors of their obligations without the legal jargon. Contact us today.
Frequently Asked Questions
How long does probate take in NSW?
The probate process typically takes 4 to 8 weeks. Full estate administration can take 6 to 14 months. It could be longer if claims are made.
Can I apply for probate without a lawyer in NSW?
You could, but the application process can be a bit complicated. Most executors choose to work with a probate lawyer for peace of mind.
What happens if I miss the probate deadline?
You should apply for a grant of probate within 6 months of the deceased’s passing. If you miss that deadline, you may still make an application, but you’ll need to explain to the Court why there was a delay.
Do distributions from a will affect government benefits?
You do need to consider any Centrelink and Veterans Affairs payments you’re getting. When exercising your beneficiary rights, inform government bodies that may need to know.
How are trusts managed in a will?
Family and testamentary trusts are common in estate planning. A testamentary trust exists in a person’s will. The trust may hold assets like bank funds and stocks. You may also organise child support through a testamentary trust’s funds.
People Also Ask
What is a Grant of Probate in NSW?
A Grant of Probate is a court order that confirms a Will is valid and authorises the executor to administer the deceased’s estate.
Who can apply for probate in NSW?
It must be the executor listed in the will that applies for probate.
What assets are included in a probate application?
All assets solely owned by the deceased are included such as real estate, bank accounts, shares, vehicles, and personal property.
How do I find a probate lawyer in Revesby?
Contact Bateys Law Firm in Revesby, NSW for experienced and affordable probate legal services in South West Sydney.
Can a Will be challenged after probate is granted?
Yes. Eligible persons can file a family provision claim within 12 months of the date of death, even after probate has been granted.
What else can Bateys Law Firm help me with?
Our team has experience across a range of practice areas, such as:
Property law.
Conveyancing and commercial leasing.
Business law.
If you’re facing criminal charges or simmering family disputes, we can help with your legal needs through practical advice. Let us make the process as stress-free as possible.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. Every legal matter is unique, and outcomes depend on individual circumstances. For advice specific to your situation, please consult a qualified legal professional. Bateys Law Firm provides this content as a guide and accepts no liability for actions taken based on this information.
