What is Probate and When is it Required?

Probate is a key step in administering an estate in NSW, particularly where property is involved.

What is Probate?

Probate is a grant from the Supreme Court of NSW confirming that:

  • The Will is valid

  • The executor has authority to administer the estate

When is Probate required?

Probate is generally required when:

  • The deceased owned real estate in their sole name

  • Financial institutions require it to release funds

  • The estate holds significant assets

When might Probate not be needed?

In some cases, Probate may not be required, such as:

  • Jointly owned property (passes automatically to the surviving owner)

  • Small estates with minimal assets

Why Probate matters

Without Probate, the executor may not be able to:

  • Sell or transfer property

  • Access bank accounts

  • Finalise the estate


This article provides general information and does not constitute legal or financial advice. Government schemes, eligibility requirements and legal obligations may change. Advice should be obtained based on your individual circumstances.

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Why Every Property Owner Needs a Will