Probate lawyers in Sydney for executors and families
A solicitor prepares and lodges the grant of probate for you, from the first call to the final distribution. The first call is free.
Cassab & Associates Solicitors is a boutique law firm in Bankstown. Our probate lawyers act for executors and families across Sydney who need a grant of probate, or letters of administration where there's no will. You will deal with a solicitor directly, as we prepare and lodge the application with the Supreme Court of New South Wales, and we tell you plainly what's involved and what it's likely to cost before any work starts.
Why Choose Our Sydney Conveyancing Services:
An experienced solicitor handles your matter from the first call to the final distribution, not a junior or a call centre
Grants of probate, letters of administration and letters of administration with the will annexed
Court requisitions answered for you, so the application doesn't stall
Online Probate Application form that opens your file the same day
Free first call to find out whether you need a grant at all
What is probate, and do you need it at all?
Probate is an order from the Supreme Court of New South Wales confirming that a will is valid and that the executor named in it has the authority to deal with the estate. Once the grant issues, the executor can collect the assets, pay the debts and distribute what's left to the beneficiaries. Until then, most banks, super funds and NSW Land Registry Services won't release or transfer anything held in the deceased person's sole name.
Not every estate needs a grant. Assets owned as joint tenants, such as the family home or a joint bank account, usually pass to the surviving owner automatically. Superannuation with a valid binding nomination is normally paid straight to the nominated person. Some banks will release smaller balances on a death certificate and a signed indemnity, though each will set its own threshold.
Whether you need to apply comes down to what the person owned, how it was held, and what each asset holder will accept. That's the first thing we work out with you, before anyone pays for an application they may not need.
Why executors across Sydney come to a Bankstown probate solicitor
assab & Associates Solicitors has practised in Bankstown since the late 1980s and estate administration for families across Sydney's south-west and the wider city is a regular part of what we do. Probate is a document-driven process with set rules, and the Registry doesn't make allowances for an executor doing this for the first time while grieving.
You'll be told who's running your matter on day one. Updates come from that solicitor, and when you call, you speak to them. We don't pass estates down a chain of paralegals. Our probate work sits alongside the firm's wills and estate planning work, so if the estate raises a question about a will, a power of attorney or a family provision claim, it's all handled under the one roof.
How a probate application works in NSW
Step 1: Free first call
Call (02) 9793 2700 or fill in our online Probate Application form and your file is open the same day. We'll ask who's died, whether there's a will, who the executor is and what the estate holds. From that we'll tell you whether a grant is needed, what's involved and what it's likely to cost. If you don't need us, we'll say so.
Step 2: Written plan and fee estimate
Before any work starts you get a written outline of the approach, the steps for your particular estate and an estimate of professional fees. If something changes along the way, we tell you before it reaches your bill.
Step 3: Gather the evidence
We collect the original will, the death certificate, and an inventory of the estate's assets and liabilities valued at the date of death, and we draft the executor's affidavit.
Step 4: Lodge with the Supreme Court
We file the summons, affidavit and supporting documents with the Probate Registry, and we will ask you to pay the Court's filing fee. If the court raises any requisitions, we will seek your instructions and answer them accordingly. . Our probate applications typically take four to eight weeks once we have all the documents, depending on how busy the Registry is.
Step 5: Administer and distribute the estate
We file the summons, affidavit and supporting documents with the Probate Registry, and we will ask you to pay the Court's filing fee. If the court raises any requisitions, we will seek your instructions and answer them accordingly. . Our probate applications typically take four to eight weeks once we have all the documents, depending on how busy the Registry is.
Probate and estate administration services we offer
Our estate administration lawyers handle the full range of grants and the work that follows them.
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Where there's a valid will naming an executor who's willing to act. We prepare the application, the executor's affidavit and the inventory, publish the notice and lodge everything with the Court.
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Where someone has died without a valid will, an eligible relative applies to be appointed administrator and the estate is distributed under the intestacy rules in the Succession Act 2006 (NSW). The Court has to be satisfied about who the eligible relatives are before it appoints anyone, so the family evidence takes more work. We explain letters of administration in more detail on our blog.
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Where there's a will but the named executor has died, lacks capacity or has renounced. A beneficiary applies instead and then follows the will exactly as the executor would have.
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If probate was granted in another Australian state, or in certain overseas countries, and the deceased held assets in NSW, the grant usually needs to be resealed by the Supreme Court of NSW before those assets can be dealt with.
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Transferring or selling property, closing accounts, dealing with shares and super, paying creditors, preparing a distribution statement for beneficiaries, and advising executors on their duties and personal exposure along the way.
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If you've started an application yourself and the Registry has come back with a requisition, or a bank has refused to act on what you've lodged, we can pick it up from there.
Why choose our Sydney probate lawyers
Direct access to your solicitor.
Direct access to your solicitor. The person you meet is the person running your matter, start to finish.
Bankstown Practice Since the Late 1980s
A firm that has practised in Bankstown since the late 1980s, with estate administration a core part of the practice.
Start Your Matter Online
Online matter creation. Fill in the Probate Application form and your file is open before you'd normally have had the first phone call.
Plain Speaking
Plain speaking. You'll know what's happening, what's next and what it costs, in language that doesn't need translating.
Wills, Estates and Disputes Under One Roof
Wills, estate planning and will disputes under the same roof, so the estate doesn't have to be moved between firms if something comes up.
How much does probate cost in NSW?
There are three parts to the cost, and we'll set them out in writing before anything starts.
The Court's filing fee. This is set by the Supreme Court of NSW on a scale based on the value of the estate, and it's published on the Court's website.
Professional fees for preparing and lodging the application. These are also based on the value of the estate, on the scale of fees set by the Supreme Court.
Professional fees for administering the estate after the grant. These depend on the work involved and are charged at an hourly rate, with an estimate given up front.
Legal costs properly incurred in obtaining the grant are generally paid from the estate before the beneficiaries receive their shares, so executors aren't expected to fund the process personally. We'll confirm how that applies to your estate at the first meeting.
Additional Legal Services
Beyond conveyancing, Cassab & Associates offers comprehensive legal services to support all your legal needs:
Estate Planning & Wills
Protect your property investments and your family's future with comprehensive estate planning, including wills, powers of attorney, and guardianship arrangements.
Commercial Law & Business Services
From property-related business structures to commercial leasing, our property lawyers provide strategic legal advice for Sydney businesses and property investors.
Probate & Estate Administration
We assist with estate administration, probate applications, and property transfers following the death of a property owner, making the process as smooth as possible during difficult times.
Client Success Stories
Frequently Asked Questions
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Yes. There's no rule that says an executor must use a solicitor, and for a small, simple estate with one obvious executor some people do it themselves through the NSW Online Registry. Where it goes wrong is usually the evidence: an asset valued at the wrong date, a missing search, an affidavit that doesn't answer the Court's questions. Each of those comes back as a requisition, and each requisition adds weeks. If you'd like a solicitor to prepare it, the first call to our office is free and we'll tell you whether your estate is one you could reasonably handle alone.
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After lodgement, our probate applications typically take four to eight weeks depending on how busy the Probate Registry is and whether the Registry raises a requisition. Gathering the asset valuations and the executor's affidavit is usually where estates lose the most time, so starting that early helps.
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The Supreme Court Rules 1970 (NSW) say an application should be filed within six months of the date of death. You can still apply after that, but you'll need to file an affidavit explaining the delay. It isn't a cut-off that costs you the estate, but it's a reason not to let the paperwork sit in a drawer while the family sorts out the house.
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You can renounce by signing a formal renunciation that's filed with the Court, and it's best to do that early, before you've started acting in the role. If the will names a substitute executor, they step in. If it doesn't, a beneficiary can apply for letters of administration with the will annexed. We can talk you through what renouncing means for the estate and for you before you sign anything.
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Usually, yes. Most banks will release funds from the deceased person's account directly to the funeral director on production of the invoice and death certificate, even before a grant issues. If a family member has paid the funeral out of their own pocket, they're generally reimbursed from the estate once the grant is made and the assets are called in.
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Yes. A grant of probate confirms the will is valid; it doesn't stop an eligible person, such as a spouse, child or dependant, from applying for a family provision order under the Succession Act 2006 (NSW) if they believe they haven't been adequately provided for. Time limits apply to those claims. If you're an executor and a claim is raised, or you think one might be, get advice before distributing the estate.
Have you been named executor, or a family member has died without a will?
Call Cassab & Associates on (02) 9793 2700, email mjcassab@cassablegal.com.au or book a free consultation online. The first call is free, and you'll speak with a solicitor, not a call centre.