Probate Lawyers Hurstville | Samaras Lawyers

Your Probate Lawyers in Hurstville

Guiding you through probate and estate administration
with clarity and care.

Samaras Lawyers assists clients in Hurstville and across Sydney with probate applications and deceased estate administration in NSW. We provide clear, practical guidance to executors and families navigating the legal process following the passing of a loved one.

Administering an estate involves legal and procedural requirements that must be handled carefully. Our role is to assist with preparing documentation, managing court processes, and helping executors understand their responsibilities under NSW law.

We also assist clients with wills and estate planning to help ensure assets are structured appropriately for future generations.

What Is Probate?

Probate is the legal process of obtaining formal recognition from the Supreme Court of NSW that a deceased person’s will is valid and that the appointed executor has authority to administer the estate.

In many cases, financial institutions, government authorities, and other asset holders require a Grant of Probate before releasing or transferring estate assets. Probate confirms the executor’s authority to collect assets, pay liabilities, and distribute the estate in accordance with the will.

When Is Probate Required?

Not all estates require probate. Whether it is necessary depends on the type and value of assets held and the requirements of the relevant institutions.

Probate is commonly required where:

The deceased owned real property
Financial institutions require a Grant of Probate before releasing funds
The estate includes investments or shareholdings

We assist clients in determining whether probate is required in their particular circumstances.

Assets That May Require Probate

Probate may be required where the estate includes:

Real property held in the deceased’s name
Bank accounts
Shareholdings or investment portfolios
Business interests
Certain superannuation benefits (depending on structure

Requirements vary between financial institutions and asset types. We assist clients in determining whether probate is necessary in their particular circumstances.

Assets Commonly Involved in Probate

Probate applications often involve a range of asset types. Understanding what forms part of the estate is an important first step in the administration process.

Assets may include:

Residential or investment real property
Bank accounts
Shares and managed investments
Business interests
Personal assets of significant value

Some jointly owned assets may pass automatically to the surviving joint owner and may not form part of the probate process. We assist executors in identifying which assets require probate and which may transfer outside the estate.

Letters of Administration

If a person passes away without a valid will, an application for Letters of Administration may be required. This process appoints an administrator to manage and distribute the estate in accordance with the intestacy provisions under NSW succession law.

Applications for Letters of Administration follow a similar court process to probate applications and require careful preparation of documentation. We assist clients with preparing and lodging these applications where necessary.

The Probate Process in NSW

The probate process generally involves:

Identifying and valuing estate assets
Preparing court documentation
Publishing required online notices
Filing the application with the Supreme Court of NSW
Awaiting the Court’s review and grant

Accuracy and compliance with procedural requirements are important to minimise delays. We assist executors with preparing documentation and managing filing obligations to help ensure the application proceeds smoothly.

Deceased Estate Administration

After probate is granted, the estate must be administered properly before distribution. This may involve liaising with banks, real estate agents, accountants, and government authorities.

In some cases, taxation considerations or complex asset structures may require additional coordination. We assist executors with navigating the administrative aspects of estate management and ensuring compliance with legal requirements.

Time Limits and Executor Responsibilities

Executors have important legal duties once probate is granted. These responsibilities may include:

Collecting and safeguarding estate assets
Paying outstanding debts and liabilities
Maintaining accurate records
Distributing the estate in accordance with the will

Executors must act in the best interests of beneficiaries and in accordance with NSW law. Seeking legal guidance can assist executors in understanding their obligations and reducing the risk of disputes or personal liability.

Delays can create practical and legal complications. Seeking guidance early can help executors understand their obligations and minimise risk.

Challenging or Contested Estates

In some circumstances, disputes may arise in relation to a will or the administration of an estate. This can include questions regarding the validity of a will, claims by eligible persons, or disagreements between beneficiaries.

It is important for executors to understand their legal duties and potential exposure if issues arise.

We provide advice to executors and beneficiaries regarding probate-related concerns and estate administration matters.

Tax and Financial Considerations

Estate administration may involve financial and taxation considerations. This can include capital gains tax implications on the sale of property, income generated by estate assets, or taxation issues affecting beneficiaries.

Where appropriate, coordination with accountants or financial advisers may be required to ensure compliance with relevant obligations.

Working With Financial Institutions and Government Authorities

As part of the probate and estate administration process, executors are often required to liaise with banks, superannuation funds, share registries, and government bodies. Each institution may have its own requirements before releasing or transferring estate assets.

Delays can occur if documentation is incomplete or procedural steps are not properly followed. We assist executors in communicating with relevant institutions, responding to document requests, and ensuring requirements are met to help progress the administration efficiently.

Based in Hurstville, Samaras Lawyers provides practical support to executors navigating these administrative obligations throughout NSW.

Working With Executors and Families

We understand that probate applications often occur during emotionally difficult periods. Our approach is to provide clear guidance and structured support so executors and families can focus on practical next steps.

We assist with document preparation, court filing requirements, and communication with financial institutions and relevant authorities.

Why Choose Samaras Lawyers for Probate Matters?

Probate and estate administration often occur during emotionally difficult periods. Our approach is to provide clear, structured guidance to help executors and families understand the process and move forward with confidence.

Based in Hurstville, Samaras Lawyers assists clients across Sydney and NSW with probate applications and deceased estate administration matters.

Frequently Asked Questions – Probate in NSW

How long does probate take in NSW?
Timeframes vary depending on the complexity of the estate and the Supreme Court’s processing times.

Do all estates require probate?
No. Whether probate is required depends on the type and value of assets and the requirements of financial institutions.

What is the difference between probate and letters of administration?
Probate applies when there is a valid will. Letters of Administration apply where there is no valid will.

Can an executor apply for probate without a lawyer?
It is possible; however, legal guidance can assist with ensuring documentation is prepared correctly and lodged in compliance with court requirements.

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