If a person passes away in New South Wales and leaves assets at the time of their death, those assets need to be dealt with and distributed in the correct legal manner.
Where a person has left a valid Will upon their death, in most cases, an Application for Probate will need to be made before the Supreme Court of New South Wales. This Applications seeks to prove that the Will is legally valid and obtains approval for the named Executor to act on behalf of the Estate and implement the Will as directed.
Letters of Administration
In circumstances where a person passes away and does not leave a Will, they are deemed to have died Intestate. At this time Letters of Administrations will need to be sought from the Supreme Court of New South Wales. An immediate relative can make the application on behalf of the Estate so that any assets owned by the deceased may be distributed. The Estate Administrator does not decide how the Estate will be divided, the assets of the Estate will be distributed in accordance with the law of Intestacy.
Family Focus Legal appreciate that each individual situation is different and the Probate process can be complex and circumstantial. Applications for Probate or Letters of Administration are not always required. For clarification and to find out your legal obligations contact Family Focus Legal for an obligation free consultation.