Probate is a Latin word that means ‘to prove’.
The word is used in our legal system to refer to the formal proof of a document as the valid last Will and Testament of a deceased person in the Supreme Court of New South Wales (‘the Court’) and the formal appointment of the executor/s named under the Will as the personal legal representative of the deceased person’s estate.
Losing a loved one is a painful experience and the thought of having to deal with the legal red tape is often daunting and something you will know little about. The office of the executor carries very serious duties and obligations. Obtaining advice and assistance from a legal professional with experience in estate administration will ease the burden on you and give you comfort that you are meeting your legal responsibilities.
Probate is the legal process whereby the Supreme Court confirms the validity of a Will and the authority of the appointed executor to act as the personal legal representative of the estate.
When meeting with a solicitor for the first time to discuss the application for Probate, it is important that you provide certain documents and instructions. You should first carry out a very thorough search through the deceased’s papers for anything of a legal and financial nature.
Here’s a list of what you might need:
- Death Certificate: You’ll need a copy of the deceased person’s death certificate to prove their passing.
- Details of the Deceased: You will need to provide instructions as to the deceased’s date of birth, family, and other relationships, occupation, or former occupation at the date of death.
- Original Will: If the deceased left a will, you should provide the original document or instructions as to where it is held if held by someone else (eg a bank or another solicitor).
- Codicils or Amendments: Any amendments or codicils to the will, together with any other documents in which the deceased expressed the intentions in respect of their estate.
- Funeral Expenses Receipts: Invoices (and receipts) with respect to the deceased’s funeral, burial or cremation expenses. Most financial institutions allow the payment of funeral expenses from the deceased’s account prior to the grant of Probate.
- List of Assets and Liabilities: A list of the deceased’s assets (e.g., real estate, bank accounts, investments, personal property) and liabilities (e.g., debts, mortgages, loans), including estimates of value. It assists greatly if you bring copies of bank account statements, share and dividend statements and invoices.
- Executor Information: If you are the executor named in the will, you will need to provide your contact information and 100 points of identification. If an executor has passed away, you will need to provide their full details and the death certificate if you have it.
- Details of Beneficiaries: The details of beneficiaries named in the will including age and contact details.
- Certificates (Births, Deaths and Marriages): If applicable, include marriage certificates (e.g., for the deceased and their spouse) and divorce certificates.
- Income Information: Details about the deceased’s income sources, such as pensions, annuities, or rental income.
- Tax File Number (TFN): The deceased’s TFN and tax information may be necessary for tax-related matters.
- Life Insurance Policies: Details about any life insurance policies, including policy numbers and beneficiaries.
- Superannuation and Retirement Benefits: Information about superannuation accounts, pensions, or retirement funds.
- Legal Disputes: Information about any legal obligations or disputes the deceased may have had, such as ongoing court cases.
- Relevant Trusts: Information about any trusts established by the deceased, if applicable.
It is a good idea to organise and prepare these documents and information prior to your initial appointment with your solicitor. This will ensure the process is smooth and efficient for you. Your solicitor will use this information to help you navigate the probate process and fulfil your legal obligations as an executor or administrator of the estate.
Keep in mind that the specific requirements may vary based on the complexity of the estate and the circumstances, so it is best to consult with your solicitor for guidance tailored to your situation. To find out more, please get in contact with us today.
