What is probate in NSW?

As per Section 61 of the Probate and Administration Act 1898, the assets of a deceased person are vested in the NSW Trustee until probate or letters of administration are granted.

Probate is an order of the Supreme Court that officially authorises the executor to administer assets in a deceased estate. This legal process involves proving that:

• The will maker is deceased
• The executor(s) named in the will has permission to administer the deceased estate
• The will possessed by the executor is valid and the final will of the deceased person

After a grant of probate has been granted, entities holding assets, like banks or NSW Land Registry Services, will release them to the executor for administration purposes.