Reply To: How can I apply for probate if I cannot find a will?

Reply To: How can I apply for probate if I cannot find a will?

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MV
MV

Dear Vando,
I link to the Succession Act 2006 NSW is below:

https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2006-080#ch.1

In NSW the rules about how the estate is to be distributed can be found in Chapter4 Intestacy, but in short:
1. Spouse / domestic partner
2. Children or grandchildren of a deceased child
3. Parents
4. Brothers and sisters
5. Grandparents
6. Aunts and uncles
7. The State of NSW
You can make the application if you are entitled to receive a benefit in the estate. If there are other persons equal to you or above you in the hierarchy, you will need their written consent.
The process must be started within 6 months of the date of death and takes about 3 weeks top prepare the paperwork and once submitted, the probate Registry takes 4 to 6 weeks to process the application.
I presume that the banks accounts are in NSW and the nursing home is in NSW? Then the application should be made to the Supreme Court on New South Wales.

As there is real estate in Victoria (which falls under Victorian legislation, then once you receive the Grant of Letters of Administration in NSW, you will need to apply to the Supreme Court of Victoria to “reseal” the NSW grant. It is a similar process to the first application. It will need to be done before you can transfer the title for the real estate in Victoria.

Kind regards,
MV

  • This reply was modified 1 year, 6 months ago by MV.

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