When someone passes away, their estate must go through a legal process known as probate. It involves determining the validity of the deceased person’s Will and distributing their assets and property according to their wishes. In New South Wales (NSW), one of the steps involved in probate is publishing a notice in a local newspaper. But what happens after that? This post will provide a complete overview of what to expect after the publication of probate notice in NSW. So read on to find out!
What is a Probate Notice & Why is it Crucial in NSW?
A probate notice is a public announcement that a local newspaper publishes, notifying the interests of someone seeking probate for the estate of a deceased person. In NSW, a probate notice is essential by law and needs publication at least 14 days before the issuance of a grant of probate. It allows anyone with a claim on the estate to come forward and make their case.
How is a Probate Notice Published in NSW?
In NSW, probate notices are published in a newspaper, followed by their circulation in the area where the deceased person lived or owned property. The notice must include the deceased person’s name, the date of their death, and the name of the executor or administrator who is applying for probate. The notice must invite anyone claiming the estate to come forward within 14 days.
What Happens After a Probate Notice is Published in NSW?
After a probate notice has been published in NSW, anyone who believes they have a claim on the estate has 14 days to come forward and make their claim. If no one comes forward within this time, the executor or administrator can apply for a grant of probate. This legal document confirms the deceased person’s will’s validity and gives the executor or administrator the authority to distribute the estate’s assets and property.
Contesting a Will in NSW After a Probate Notice has been Published
If someone does come forward and contest the Will after publishing a probate notice, they must provide evidence to support their claim. It could include evidence that the deceased person was not of sound mind when making the Will, that someone else influenced their Will, or that it is fraudulent. If someone makes a claim, it may delay the probate process while an investigator investigates the claim.
What Does the Executor or Administrator Need to Do After a Probate Notice has been Published?
After publishing a probate notice in NSW, the executor or administrator must take several steps to apply for probate. These include:
- Obtaining a death certificate: The executor or administrator must obtain a death certificate to prove that the deceased person has passed away.
- Locating the will: The executor or administrator must locate it if the deceased person left a Will. It may involve searching the deceased person’s home, contacting their solicitor or accountant, or checking with the NSW Supreme Court.
- Applying for probate: Once the executor or administrator has located the Will, they can apply for probate. It involves completing an application form, providing supporting documentation (such as the death certificate and the original Will), and paying a fee.
- Waiting for the grant of probate: After the application for probate has been submitted, the executor or administrator will need to wait for the grant of probate to be issued. It can take several weeks.
What Happens if Someone Contests the Will After a Probate Notice Has Been Published?
If someone does come forward and contest the Will after a probate notice has been published in NSW, it may delay the probate process while an investigator investigates the claim. It can sometimes lead to a lengthy and costly legal battle.
If someone makes a claim, the executor or administrator must take several steps to respond. These may include:
- Gathering evidence: The executor or administrator must gather evidence to support the Will’s validity. It may involve obtaining medical records, witness statements, or other documentation.
- Responding to the claim: After gathering evidence to support Will’s validity, the executor or administrator must respond in writing, stating why the claim is invalid.
- Attending court: If negotiation resolves the claim, the executor or administrator may need to attend court to defend Will’s validity.
If the claim is successful, the probate process may need to restart. The estate may be distributed according to the rules of intestacy (which govern the distribution of assets when there is no valid Will). If the claim is unsuccessful, the probate process can continue as normal.
Final Thoughts
Publishing a probate notice is an important step in the probate process in NSW. It allows anyone with a claim on the estate to come forward and make their case. After a probate notice has been published, the executor or administrator can apply for a grant of probate if no claims are made within 14 days. However, if someone comes forward and contests the Will, it may delay the probate process.
If you have any questions about the probate process in NSW, next of kin meaning, or any other queries regarding probate notices, seeking professional legal advice is always a good idea. You can contact the professionals from Probate Consultations today! They can advise you on the probate process and provide bespoke probate services.
