Probate & Deceased Estate Lawyers in Norwest

Probate and Deceased Estate Lawyers in Norwest

Russell Kelly & Associates assists executors, administrators and beneficiaries with probate and deceased estates from our Norwest office. We advise families throughout the Hills District and across New South Wales.

Managing an estate can feel unfamiliar at an already difficult time. We can explain the legal steps, assist with the appropriate Court application and guide you through the administration of the estate.

How we can assist

Our estate work includes Probate and Letters of Administration applications, advice about executor responsibilities, estate administration and estate disputes. The assistance required depends on the Will, the assets and the circumstances of the family.

Getting started with a deceased estate

Contact our office and tell us whether there is a Will, who is named as executor and what you know about the estate. You do not need to have every document before making an initial enquiry.

Useful documents for the first discussion include:

• The Will and any later amendments, if available.
• The death certificate, if issued.
• Your identification and contact details for executors and beneficiaries.
• Available property, bank, investment and loan records.
• Any correspondence about the estate or a potential dispute.

Keep original documents safe and tell us if any are missing. We can explain what further information is needed for your matter.

Probate in NSW

When a person dies leaving a valid Will, the executor may need to obtain a Grant of Probate from the Supreme Court of NSW before certain estate assets can be collected and administered.

Probate confirms the executor’s authority to administer the deceased estate in accordance with the Will. The work involved can include identifying estate assets and liabilities, preparing the application for Probate, dealing with banks and other institutions, paying estate liabilities and distributing assets to beneficiaries.

We can assist executors with the Probate application and the administration of the estate.

Letters of Administration

If a person dies without leaving a valid Will, they are said to have died intestate. In appropriate circumstances, an eligible person may apply to the Supreme Court of NSW for Letters of Administration.

The distribution of an intestate estate is governed by the succession laws of New South Wales rather than by the deceased person’s instructions in a Will.

Learn more about intestacy and dying without a Will in NSW.

Contesting a Will and Estate Disputes

Disputes can arise concerning the validity of a Will, the administration of an estate or whether adequate provision has been made for an eligible person.

Family Provision claims in NSW are governed by the Succession Act 2006 (NSW) and are subject to important eligibility requirements and time limits.

Learn more about Contesting a Will and Family Provision Claims in NSW.

Advice for Executors and Administrators

Acting as an executor or administrator carries important responsibilities. Depending on the estate, this may involve identifying and protecting assets, determining liabilities, dealing with beneficiaries, obtaining the appropriate Court grant and distributing the estate.

We can advise executors and administrators about the steps required to administer a deceased estate and assist with Probate or Letters of Administration applications.

Read our practical guide to executor duties and Probate in NSW.

Read our guide to Probate timing, Court fees and common delays in NSW.

Probate and deceased estates: frequently asked questions

What is the difference between Probate and estate administration?

Probate is the Court grant relating to the Will and the executor’s authority. Administration is the broader work of dealing with the estate, including liabilities and distribution.

Does every estate need Probate?

No. The need for a grant depends on the assets, how they are owned and the requirements of the institutions holding them. We can help you establish the appropriate next step.

What happens if there is no valid Will?

An eligible person may need to apply for Letters of Administration. NSW intestacy rules determine who inherits; the family cannot simply choose how to divide the estate.

What if there is a Will but no executor can act?

Letters of Administration with the Will annexed may be appropriate. Advice is needed about who can apply and the supporting documents required.

What should I do first as an executor?

Locate the Will, keep estate records safe and identify assets needing protection. Obtain advice before making distributions or taking steps you are unsure about.

How long does it take to finalise an estate?

There is no single timeframe. Obtaining a grant is one stage; collecting assets, resolving liabilities and any disputes can take longer. We can discuss likely stages and possible delays for your estate.

Can beneficiaries receive their inheritance as soon as Probate is granted?

A grant does not mean the estate is ready for immediate distribution. The executor must consider debts, tax, notices and potential claims before deciding when distributions can safely be made.

Does jointly owned property form part of the estate?

It depends on the ownership. A deceased person’s share held as tenants in common generally forms part of the estate. Property held as joint tenants generally passes to the surviving joint tenant, with title records needing to be updated.

Can you assist if the estate includes a property?

We can advise about the estate administration and the legal steps involved in dealing with estate property. Tell us about the ownership and any proposed sale or transfer when you enquire.

Where can I arrange advice about a deceased estate?

Contact our Norwest office to discuss the assistance you need. Our Contact page includes office details, parking and accessibility information.

Planning your own affairs

For preparing or updating a Will, visit our Wills and Estate Planning page. You can also read about testamentary trusts and our ten common estate planning questions.

For official procedural information, see the Supreme Court of NSW application guides.

Speak to Russell Kelly & Associates

If you need assistance with a Will, Probate, Letters of Administration, a deceased estate or an estate dispute, contact Russell Kelly & Associates to discuss your circumstances.