- What is a grant of probate or administration?
A grant issued by the Supreme Court of NSW is a legal document that authorises the executor or administrator (who becomes the legal personal representative of the deceased person) to manage the estate of a deceased person in accordance with the provisions of the deceased's will or the intestacy rules set out in the Succession Act 2006 (NSW).
The most common forms of grants are the following:
- A grant of probate means a grant issued to the executor of the last will.
- A grant of administration means a grant issued to the administrator in the circumstances where the deceased died without a will (intestate) or if there is a will, no executor is available to act.
- Do I need to get a grant?
It may not be necessary to obtain a grant from the Supreme Court of NSW as it will depend on the type, size and value of the assets held in NSW. For example, some banks may be agreeable to release small assets to the executor or next of kin without the need to produce a grant. Another example is if you own a family home as joint tenants with another person, then that property automatically vests to the surviving joint tenant on the death of a joint tenant and it will be a matter of registering death of a joint tenant at Land Registry NSW without the need to produce a grant.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.