When someone passes away leaving assets behind, you may find yourself wondering whether you need a lawyer to handle the probate process or if you can navigate it yourself. This is an understandable question, especially when you’re already dealing with the emotional challenges of losing a loved one while managing practical legal requirements.
Understanding Probate in NSW
Probate refers to formally proving the validity of a deceased person’s will through the court system. However, the term is commonly used to describe all the steps needed to finalise a deceased person’s estate.
In New South Wales, there are two types of Grants of representation available for deceased estates:
Grant of Probate: This is a declaration from the Supreme Court of NSW confirming that a person’s will is valid. It formally appoints the executor named in the will with the authority to administer the estate.
Grant of Letters of Administration: This is typically obtained when someone dies without a will, or when they die leaving a will that has validity issues.
For a will to be valid under NSW law, it must comply with the Succession Act requirements. This means it must be in writing, signed by the person making the will, and witnessed by at least two people who also sign the will in the presence of the will maker.
Can You DIY Your Probate Application?
The straightforward answer is yes – nobody is legally required to engage a lawyer to interact with the NSW legal system. You have the right to represent yourself in probate matters.
However, there are important considerations before you decide to go it alone.
The Reality of Self-Representation
The NSW legal system, including probate processes, can be quite complex if you’re not experienced with compiling detailed documentation and following precise written instructions. An application for a grant of representation is a formal court process, which means the court maintains high standards for accuracy and proper procedure compliance.
Getting it wrong can lead to delays, additional costs, and unnecessary stress during an already difficult time.
The Online Probate System
Applications for grants of representation moved to an online system in 2023, which has streamlined the process somewhat. To make an application, you’ll need to:
- Set up an account with the Supreme Court Online Registry
- Complete the online application, inputting data that automatically generates documents requiring your signature
Essential Documents and Information
At a minimum, you’ll need:
- The deceased person’s original will (for probate applications)
- The deceased person’s original death certificate
- A comprehensive list of the deceased person’s assets and their values at the date of death
- A detailed list of the deceased person’s debts and liabilities and their values at the date of death
- A clear understanding of how the estate should be divided, including details of all beneficiaries and their entitlements
- Information about any executors or beneficiaries who died before the deceased person
The Application Process
Once you’ve input all relevant data, the online system generates a Summons – a document you must sign and file with the Supreme Court registry to officially commence proceedings. The system also creates an affidavit that you must read, confirm for accuracy, and execute before a Justice of the Peace, solicitor, or other qualified witness.
You’ll then need to scan and upload these documents to the online portal, pay the required filing fee, and post the deceased person’s original will with a system-generated barcoded coversheet to the Supreme Court registry by physical mail.
Why Professional Help Makes Sense
While it’s possible to handle probate yourself, applying for a Grant of representation can be confronting and technically challenging. If the application isn’t completed correctly, it can result in significant delays and additional stress during an already difficult period.
The best approach, if your circumstances permit, is to engage a qualified solicitor to guide you through the application process. This ensures accuracy, compliance with all requirements, and gives you confidence that the estate administration will proceed smoothly.
Making the Right Choice for Your Situation
Every estate is different, and the complexity of your situation will influence whether self-representation is practical. Consider factors such as the size and complexity of the estate, your comfort level with legal processes and paperwork, and your available time to dedicate to getting everything right.
Ready to discuss your probate needs? Contact Complete Legal today for expert guidance through your estate administration process. We’ll ensure everything is handled correctly while you focus on what matters most during this difficult time.
