Probate Lawyers in Sydney
Michael Conley Lawyers are experienced probate lawyers supporting our clients with a range of legal services. Our team has extensive expertise in estate law matters, with decades of experience to assist you and your family to the most beneficial resolution. Using our knowledge of probate, as well as our experience in mediation and negotiation, our probate lawyers will guide you throughout the process. Together we’ll navigate this incredibly difficult time towards a satisfactory resolution to secure the future of your family.
The Benefits of Working with Probate Lawyers
While there is no legal requirement to use a probate lawyer, you can benefit from both the expert knowledge and extensive experience our legal team has in estate law.
There are numerous benefits to working with experienced probate lawyers, but the primary benefit is a smoother and easier handling of the estate administration.
As specialist probate lawyers, we take a collaborative approach, working with our clients to understand their needs throughout this sometimes complex process. Our objective is focused on the big picture: to secure the best possible outcome for your family by providing quality estate law services.
as Probate Lawyers
Michael Conley Lawyers support our clients with a diverse team of legal experts, who prioritise the needs of your family for the best possible resolution, including barristers, partners, senior associates, paralegals, administrative staff, forensic accountants, counsellors, trained mediators and arbitrators.
Our diverse team of estate lawyers work together in a holistic approach to every case. Our goal is to assist you with the grants of probate and overall estate administration process, minimising the financial and emotional cost of these often difficult situations.
We understand how important communication and a prompt response is during stressful times, which is why our team prioritises communication to ensure you know what is involved at each stage of the process. You are able to start court proceedings with confidence and always know what’s happening with your case. We always reply to your calls and emails, and we’ll never ask you to call back later.
OTHER ESTATE LAW SERVICES:
Want to know more about engaging a probate lawyer?
Book a 15-minute FREE consultation to discuss your needs and arrange a meeting with one of our family lawyers.
Probate Lawyer FAQs
Probate is a type of court order that is granted by the Supreme Court of NSW which, if granted, confirms that the will is valid. If the will is valid, then the executor has permission to distribute the estate according to the will.
There are certain circumstances in NSW in which probate is generally required. Probate will likely be required if an individual dies owning:
- land or a house
- bank accounts in excess of approximately $50,000
- shareholdings exceeding $15,000 of value
- substantial superannuation balance payable to their estate
The quickest possible time frame for the probate process is approximately 6 weeks, though this is usually only possible with the assistance of a probate lawyer. In general, how long the probate process will take depends on who completes your application, how organised they are, and how familiar they are with the strict procedural requirements of the Supreme Court in preparing and lodging the paperwork.
Most probate lawyers have an hourly rate, depending on their experience rates can range between $100 to $450 per hour. The end cost of completing a probate application can vary significantly from case-to-case and is difficult to estimate, as it depends on the organisation of the deceased, the executor and the complexities of your family dynamics. There is also a fee to file your probate application with the Court, which corresponds to the gross value of the NSW estate, and can cost between $800-6,000.
For professional advice from leading family lawyers in Sydney, book a FREE 15 minute consultation.
You will need to lodge a Probate Application with the Supreme Court of NSW. To complete your application, you will need the following documents:
- Original Will (marked)
- Summons for Probate
- Affidavit of Executor(s)
- Certified Copy of Death Certificate with Annexure Note
- Inventory of Assets
- Draft Grant x 2
The steps for applying for probate in NSW include:
- The executor of the will has to publish an online notice with the Supreme Court of NSW of their intention to apply for Probate.
- The executor must wait 14 days after filing the notice to lodge their application for Probate with the Court, which should be processed within 20 business days (due to the impact of COVID-19, this can take longer).
- If the Court raises ‘requisitions’ (questions) regarding the probate application, this can significantly delay the application. A requisition is issued if the Court discovers an issue with the probate application that needs to be addressed, which will usually be answered on affidavit evidence. This may require legal advice from a probate lawyer to understand and adequately respond to. The affidavit answering the requisition/s will need to be filed with the Court once complete (this should also take around 20 business days to review). This process will repeat until the Court is satisfied with the response/s. Responding is critical, as your application can be dismissed.
- Once the Court is satisfied and has no further questions, probate should be granted.