Administering an estate without a Grant from the NSW Supreme Court

When someone passes away, you may be overwhelmed with the processes that follow. At Antunes Lawyers, we have dedicated a Wills and Estates team who can guide you through this process. As part of our services, we can assist you with determining whether you need to apply to the NSW Supreme Court for a Grant of Probate or Letters of Administration, or whether we can assist you with the estate in a simpler and more cost-effective way.

What is a Grant from the NSW Supreme Court?

A Grant of Probate or Letters of Administration are obtained through the NSW Supreme Court. The Grant is the legal authority given to the Executor appointed under the Will or the Administrator pursuant to the laws of intestacy. With this legal authority, the Executor or Administrator can finalise the estate of the deceased.

When do I need a Grant?

It is not always the case that an Executor or Administrator needs a Grant from the NSW Supreme Court, to finalise the estate. In some instances, you may be able to obtain exemptions from the asset holders (such as banking institutions or superannuation funds) for the release of the funds owed to the estate without the need for a formal Grant from the Court.

To determine whether you need a Grant, you need to consider the requirements of each asset holder. Here at Antunes Lawyers, we have experience with a large volume of asset holders and have knowledge of the ins and outs for each of these companies. With this knowledge, we can provide you with a quick resolution for the estate and advise on the most effective strategy moving forward.

From experience, asset holders are more willing to accept a letter from a Wills and Estates lawyer requesting an exemption for the requirements of a Grant, as lawyers have an ethical obligation to follow the Will or laws of intestacy. We have assisted many clients in the past where they have attempted to obtain an exemption from the assets holders themselves and were unsuccessful, however, once they engaged our services, we were able to turn the decision around and achieve a more favourable outcome for our client.

How can I protect myself as the appointed Executor or Administrator, if I do not obtain a Grant from the Supreme Court?

If you do not need to obtain a Grant from the NSW Supreme Court, we can assist you with the process to ensure that you are not liable as an Executor or Administrator for the Estate once it has been finalised. This is an important step that many of our clients need to be made aware of and we are here to ensure you are protected.

What’s next?

It is always the number one priority for families to try and reduce the costs of the estate process. Therefore, it would be beneficial for you as the Executor or Administrator to speak with our team, so that you can be provided with a tailored plan which aims at achieving a cost-effective and efficient solution.

Contact our expert Wills and Estates team today.