A member asked over 7 years ago


My brother passed away in NSW. He had a Will that no one is contesting. He never married or had a partner, never worked so never had any superannuation. He had no assets apart from $46000 in his bank account that my mother is a signatory on. Out of this money we need to pay approx $15000 for funeral expenses, medications & a final payment to the nursing home where he resided. Does his Will require an application of probate?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. When a person passes away and they had a will at the time of their death, the executor of the will (or another representative of the estate) will need to apply for probate from the Supreme Court. Probate is the process whereby the court confirms that the will is valid and grants permission for the executor to finalise and distribute the estate according pursuant to the terms of the will. An executor cannot distribute the estate without first obtaining probate.

Suggested way forward

You will need to apply for probate. The Supreme Court of NSW website (www.supremecourt.justice.nsw.gov.au) has helpful information on how to do this. If you require professional assistance, you should speak to a wills and estates lawyer. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer


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