5 Mistakes to Avoid With Your Application For Probate in NSW

You’re probably aware that a key role of the Supreme Court is to issue every application for probate in NSW. This paperwork is required in order for the executor to legally distribute the deceased’s assets to their beneficiaries.

The probate process can be complicated, and there are several mistakes that you should avoid in the process. This guide aims to help you avoid these misapprehensions and make the process as smooth as possible.

1. Being Late

It is important to apply for probate as soon as possible after someone’s death. There are certain deadlines that must be met. For example, not applying for probate within six months of the date of death, you might not get probate.

2. Not Providing All The Necessary Information

Another mistake that people often make when applying for probate is not providing all the necessary information. This includes information about the deceased, their assets and liabilities, and the names and addresses of the beneficiaries. It is important to be as detailed and accurate as possible when providing this information.

3. Improper Certification

This certificate confirms that all of the deceased’s taxes have been paid and that there are no outstanding tax liabilities. If a tax clearance certificate is not obtained, probate may be delayed. Similarly, without a death certificate, the probate process cannot proceed.

4. Not obtaining the right kind of bond

Probate can only be granted if the executor provides a bond to the Supreme Court. A bond is a type of insurance policy protecting the estate’s beneficiaries in case the executor mismanaged the estate. There are different types of bonds worth being aware of. It is important to obtain the right kind of bond for the size and complexity of the estate with the help of a probate lawyer.

5. Not Having A Valid Will

Finally, one of the biggest mistakes that people make when applying for probate is not having a valid will. A will is a legal document that sets out how the deceased’s assets will be distributed after their death. If the deceased did not have a will, the probate process can be much more complicated. The same goes if the will is deemed to be invalid

Takeaway

In conclusion, applying for probate in New South Wales can be a complicated and time-consuming process. It is always wise to seek the help of a lawyer or probate professional for guidance and assistance in navigating the process.