Probate

For an Estate with a combined value of over $100,000 you will be required to produce a Grant of Probate to transfer assets (as will be requested from banks and financial institutions alike)

You will need to secure what is called Letters Of Administration which is a different process (please contact us about this)

As of 1 July 2022, after the Notice of Intention to apply for a Grant of Probate is submitted, it can take up to 25 days for applications to be processed and a further 20 days for requisitions (see more information here for NSW: https://www.supremecourt.justice.nsw.gov.au/Pages/sco2_probate/sco2_probate.aspx)

• Probate comprises 2 different costs; Pre-Grant which are fixed and Post-Grant which are charged on a pro-rata or hourly basis:
• Pre-Grant fees comprise the filing fee and Solicitors costs which scale according to the size of the Estate and are a non-negotiable fixed fee set by the Supreme Court (see here for a ready reckoner and scale of fees in NSW: https://www.supremecourt.justice.nsw.gov.au/Pages/sco2_formsfees/SCO2_fees/SCO2_fees.aspx)
• Pro-rata variable costs are charged at an hourly rate and are at the law firm’s discretion (please ask for a copy of our conditional costs disclosure and costs agreement for reference)